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Acts of the General Assembly of the State of Virginia, Passed at Called Session,
1863, in the Eighty-Eighth Year of the Commonwealth:
Electronic Edition.Virginia.Funding from the Institute of Museum and Library
Services supported the electronic publication of this title.Text transcribed byApex Data Services, Inc.Image scanned byBryan SincheText encoded by Melissa Graham and Natalia SmithFirst edition, 2000ca. 230KAcademic Affairs Library, UNC-CHUniversity of North Carolina at Chapel Hill, 2000.

Acts of the General Assembly of the State of Virginia, Passed at Called Session, 1863, in the Eighty-Eighth Year of the Commonwealth. 57 p.RICHMONDWILLIAM F. RITCHIE, PUBLIC PRINTER.1863.Call number 2275 Conf. (Rare Book Collection, University of North Carolina at Chapel Hill)

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ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF VIRGINIA, PASSED AT CALLED SESSION, 1863, IN THE EIGHTY-EIGHTH YEAR OF THE COMMONWEALTH.RICHMOND:WILLIAM F. RITCHIE, PUBLIC PRINTER.1863.
PUBLIC OR GENERAL ACTS.
CHAP. 1.—An ACT amending and re-enacting the 109th section of an act entitled an act imposing Taxes for the Support of Government, passed March 28th, 1863.

Passed September 14, 1863.

Act of 1863 amended

1. Be it enacted by the general assembly, that the one hundred Act of 1863 and ninth section of an act entitled an act imposing taxes for the support of government, passed March twenty-eighth, eighteen hundred and sixty-three, shall be and the same is hereby amended and re-enacted so as to read as follows:

What notes receivable in payment of taxes

“§ 109. Be it enacted by the general assembly, that the Confederate States treasury notes shall hereafter be receivable by sheriffs and other collecting officers in payment of taxes and other public dues to this state.”

Commencement

2. This act shall be in force from its passage.

CHAP. 2.—An ACT authorizing the payment of Fees of Commissioners of the Revenue.

Passed October 31, 1863.

Fees of commissioners, how paid

1. Be it enacted by the general assembly, that if fees for issuing a license to which a commissioner of the revenue is entitled, shall be included in the tax on the license, and paid into the treasury, it shall be lawful for the auditor of public accounts to pay to the commissioner the amount of fees to which he is entitled; to be paid by warrant upon the treasury, out of any money therein not otherwise appropriated.

1. Be it enacted by the general assembly, that every contract made on or after the twentieth day of October eighteen hundred and sixty-three, for the payment of money, shall be deemed to be for the payment of the sum expressed or implied, in the currency which at the time the contract becomes payable, shall be receivable in payments to this state, unless this intendment shall be expressly excluded.

Commencement and duration

2. This act shall be in force from its passage, and until the expiration of six months after a treaty of peace between the Confederate States and the United States.

CHAP. 4.—An ACT to suppress the further issuing of Small Notes as a Currency by the Counties, Cities and Towns of this Commonwealth.

Passed September 22, 1863.

County, city or town not to issue small notes

Proviso

1. Be it enacted by the general assembly, that from and after the passage of this act, it shall not be lawful for any county, city or town within this commonwealth to issue, or put in circulation as a currency, any note, scrip or certificate; and all the acts and parts of
acts heretofore enacted authorizing such issues, are hereby repealed: provided, however, that this act shall not be so construed as to prevent the circulation of all such notes as may have been issued by such county, city or town previous to the passage of this act, and not redeemed; but when once redeemed, the said note, scrip or certificate shall not again be put in circulation: and provided further, that this act shall not be so construed as to prevent the several counties, cities and towns of this commonwealth from issuing any bond or bonds, under and by virtue of the laws authorizing such issues, and now in force.

Commencement

2. This act shall be in force from its passage.

CHAP. 5.—An ACT making an Appropriation to pay certain Expenses of Government.

Passed September 26, 1863.

Appropriation

1. Be it enacted by the general assembly, that in addition to the money appropriated by the act entitled an act appropriating the public revenue for the fiscal year eighteen hundred and sixty-two and three, passed March twenty-eighth, eighteen hundred and sixty-three, there be appropriated the following sums, to wit:

General assembly

To pay the per diem, mileage and other expenses of the general assembly, incurred in the September session eighteen hundred and sixty-three, sixty thousand dollars.

Convicts

To pay for subsistence and other supplies for the support of convicts and transports in the penitentiary, thirty thousand dollars.

Officers and privates

To pay officers and privates, for rations, clothing and other allowances to the public guard, and ordnance sergeant at the military institute, including temporary quarters, thirty thousand dollars.

Lieut. E. S. Gay

To pay Lieutenant E. S. Gay, the amount of a judgment in his favor, rendered by the circuit court of the city of Richmond, five hundred and eighty-four dollars and forty cents.

Slaves condemned

To pay for slaves condemned and executed, or reprieved for sale and transportation, fifteen thousand dollars.

Claims allowed by auditing board

To pay claims allowed, or which may be allowed by the auditing board, and when required by the act passed March twenty-eighth, eighteen hundred and sixty-three, to be reported by them to the general assembly for an appropriation by law, an amount not exceeding five thousand dollars.

Commencement

2. This act shall be in force from its passage.

CHAP. 6.—An ACT to amend and re-enact the 1st and 3d sections of an act passed March 13th, 1863, entitled an act to amend and re-enact an act further to provide for the Public Defence, passed October 3d, 1862.

Passed October 10, 1863.

Act of 1863 amended

Be it enacted by the general assembly, that the first and third sections of the act passed March thirteenth, eighteen hundred and sixty-three, entitled an act to amend and re-enact an act further to provide for the public defence, passed October third, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows:

Duty of governor

Slaves, how called out

Limitation as to number Per centage in counties

How apportioned

Proviso as to certain counties

When other counties may be exempted When party has lost one-third of slaves

Compensation

Responsibility of confederate government When not responsible

Hired slaves

“§ 1. Be it enacted by the general assembly, that it shall be the duty of the governor of this commonwealth, and he is hereby authorized and required, whenever thereto requested by the president of the Confederate States, to call into the service of the Confederate States, for labor on fortifications and other works for the public defence within this state, from time to time, for a period not exceeding sixty days, a number of male slaves between the ages of eighteen and fifty-five years, not exceeding ten thousand at any one time, and not exceeding in any county, city or town one-fifth of the number of
male slaves therein between the ages specified; to be apportioned by the governor. Such requisition shall be apportioned ratably among all the slaveholders in the several counties, cities and towns on which the requisition shall be made, so as to charge each slaveholder with the same proportion of his male slaves between the ages specified, capable of performing ordinary labor, to be judged of by the court, which may be demanded from his county, city or town: provided, however, that the governor, in his discretion, may exempt, wholly or partially, from the operation of this act, such counties as may have lost so large a portion of their slaves, in consequence of their escape to the public enemy, as will materially affect the agricultural products of such counties: and provided further, that it shall be the duty of the governor to exempt from the operation of this act, both in regard to any requisitions now being made, and those which may hereafter be made, any county which has had its slaves, subject to requisition under this act, reduced one-fourth, in consequence of their escape to the public enemy; of which loss he shall judge upon the certificate of the county court, and such other evidence and information as he may deem proper. And the governor may exempt such other counties as, from their geographical position or contiguity to the public enemy, he may deem expedient. And in any county, city or town partially exempted under this act, any person who may satisfy its county or corporation court, or any person appointed by the governor for that purpose, that he or she has lost one-third part of his or her slaves liable to work on the public works, by said slaves going over to the enemy, shall be exempted from the operations of this act. The sum of twenty dollars per month for each slave shall be paid by the Confederate States to the person entitled to his services, and soldiers' rations, medicines and medical attendance furnished, and the value of all such slaves as may die during their term of service, or thereafter, from injuries received, or of diseases contracted in such service, or not be returned to their owners, shall be paid by the Confederate States to the owners of such slaves; and full compensation shall be made for all injuries received whilst in the service of the Confederate States: provided, that the Confederate States shall not be liable for any slave not returned by reason of fraud and collusion on the part of his owner or agent; or if his death should be caused by the act of God, or by disease of such slave existing when received by the confederate authorities; and in all cases the burden of proof shall be on the authorities of the Confederate States, to discharge the latter from liability to the former. Hired slaves shall be regarded as the slaves of their temporary owners, in apportioning for the purposes of this act; but when hired slaves shall be held by persons owning other slaves, it shall not be lawful for the temporary owner to select one or more of the hired slaves to be sent to the public works; but in every such case, the slave or slaves to be sent, shall be ascertained by lot, in which each of said slaves shall be drawn for by the court: provided further, that slaves removed from counties overrun by the public enemy, and in possession of the owner, shall not be liable to this act, except in cases where such owner has more than three slaves subject to requisition. And in cases where, by reason of sickness or by other calamity, a slaveholder shall have but one male slave liable to the provisions of this act, who is able to render the service required by this act, it shall be competent for the governor, in his discretion, to exempt said slaveholder from the impressment or draft.”

Duty of county, courts

Commissionera of revenue

Requisitions, how apportioned

Classes, when made

Proviso as to soldiers

“§ 3. It shall be the duty of the several county and corporation courts, after being duly convened as aforesaid, and not less than five justices being present, to ascertain, by the assistance of the commissioners of the revenue of their respective counties and corporations, or otherwise, the entire number of male slaves therein between the ages specified, subject to requisition under this act; and after ascertaining the same, to apportion the requisition aforesaid, without delay,
among all the holders of such slaves, so as to charge each slaveholder, as near as may be, with the same proportion of his male slaves between the ages of eighteen and fifty-five, capable of performing ordinary labor, as may be demanded from his county, city or town, throwing into classes, when necessary, the holders of but one or a few slaves, and of fractions of slaves, and ascertaining, by lot, or agreement between the parties, or otherwise, the slave or slaves to be sent to the public works from such classes. and giving, as far as practicable, relief to those upon whom the lot or draft may have fallen under any preceding requisition: provided, that in no case of a soldier in service, or a widow having a son therein, or whose husband has died in such service, owning or hiring but one male slave, shall such slave be subject to requisition under this act. But no slaveholder shall be exempted by reason of having slaves in the employment of the state or confederate government.”

Commencement

2. This act shall be in force from its passage.

CHAP. 7.—An ACT to authorize the Governor to call out Forces for the Public Defence.

Passed September 28, 1863.

Volunteers, how called out

Companies

Proviso as to home guard

1. Be it enacted by the general assembly, that the governor of this commonwealth be and he is hereby authorized to call into the service of the state, for a period not exceeding sixty days at any one time, as many volunteers as may be necessary to repel invasion and protect the citizens of the state, whenever in his opinion the emergency may demand it, and to organize, arm and equip the same with as little delay as possible. No company shall be organized under this act with less than thirty men; and companies of less than fifty men shall have a captain, one first lieutenant and one second lieutenant. In other respects the present militia law shall be observed, so far as the governor deems it applicable: provided, that this act shall not be so construed as to call into the field, without their consent, companies organized under an act entitled an act to organize a home guard, passed the fourteenth May eighteen hundred and sixty-two.

Existing organizations to be armed

2. He shall preserve and arm existing organizations, except those for home defence and local service, as far as practicable, and shall apply to the secretary of war for such arms, ammunition and camp equipage as may be necessary.

Act, how published

3. He shall promulgate this act by special messengers and otherwise, at his discretion.

Commencement

4. This act shall be in force from its passage.

CHAP. 8.—An ACT amending and re-enacting the 6th and 11th sections of an act passed March 30th, 1863, entitled an act to provide for the Production and Distribution of Salt.

Passed September 18, 1863.

Act of 1863 amended

1. Be it enacted by the general assembly of Virginia, that the sixth and eleventh sections of the act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, be amended and re-enacted so as to read as follows:

Control of transportation

Salt, how sold and delivered

Refugees

“§ 6. The superintendent, under the control of the board of supervisors, shall have control of transportation on the several rail roads in the commonwealth, for the conveyance of supplies to the salt works, and for the distribution of salt throughout the state, with power, if necessary, to impress the same. He shall make distribution among the several counties, cities and towns, from day to day,
or from time to time, and in quantities proportioned to their whole populations respectively, including refugees sojourning therein, as may be directed by the said board of supervisors: provided the superintendent, under the direction of the board of supervisors, shall distribute salt with reference to cattle and other stock requiring salt, after distributing twenty pounds to each person.”

Salt, how distributed

Price

“§ 11. The salt so manufactured shall be sold at cost for cash, and be distributed to the different counties, cities and towns, through duly accredited agents, to be appointed by the county and corporation courts respectively; or where said courts cannot meet because of the presence or proximity of the public enemy, by the board of supervisors, on the recommendation of any three or more justices of said county, or of the senator or delegates representing such county in the general assembly: and in order to do so, it shall be the duty of the board of supervisors from time to time to ascertain as near as may be the actual cost of production and distribution, and fix the price accordingly, so as to cover such entire cost.”

Commencement

2. This act shall be in force from its passage.

CHAP. 9.—An ACT to amend and re-enact the 11th section of the act for the Production and Distribution of Salt, passed March 30th, 1863, as amended by the act passed September 18th, 1863.

Passed October 30, 1863.

Act of 1863 amended

1. Be it enacted by the general assembly, that the eleventh section of the act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, as amended by the act passed September eighteenth, eighteen hundred and sixty-three, entitled an act amending and re-enacting the sixth and eleventh sections of an act passed March thirtieth, eighteen hundred and sixty-three, entitled an act to provide for the production and distribution of salt, be and the same is hereby amended and re-enacted so as to read as follows:

Salt, how sold and delivered

Price, how fixed

Salt to be distributed to refugees. Proviso

“§ 11. The salt so manufactured shall be sold at cost for cash, and be distributed to the different counties, cities and towns, through duly accredited agents to be appointed by the county and corporation courts respectively; or when said courts cannot meet because of the presence or proximity of the public enemy, by the board of supervisors, on the recommendation of any three or more justices of said county, or of the senator and delegate or delegates representing such county in the general assembly: and in order to do so, it shall be the duty of the board of supervisors from time to time to ascertain as near as may be the actual cost of production and distribution, and fix the price accordingly, so as to cover such entire cost. But no agent of any county or corporation hereafter appointed, shall be entitled to act as such until he shall have given bond, with sufficient sureties, in the penalty of not less than ten thousand nor more than thirty thousand dollars, conditioned for the faithful distribution of the salt received by him, among the people of his county or corporation. Said bonds shall be taken by the said courts when the appointments are made by them, and in all other cases, by the board of supervisors: and such agents shall distribute to refugees, and to persons temporarily sojourning in their counties, cities and towns, as well as to permanent citizens thereof: provided, however, that the said courts and the said board shall respectively have power to revoke any appointment of agent heretofore or hereafter made by them, whenever they deem it proper to do so, and shall in like manner appoint another agent in place of the one so removed.”

Commencement

2. This act shall be in force from its passage.

CHAP. 10.—An ACT making an appropriation for the Purchase of Salt

Passed October 29, 1863.

Amount appropriated

1. Be it enacted by the general assembly, that in order to carry into full effect a contract made by and between Robert A. Coghill, chairman of senate committee, and James. V. Brooke, chairman of house committee, of the one part, and Stuart, Buchanan & Co. and Charles Scott & Co. of the other part, said contract bearing date the twenty-seventh day of October eighteen hundred and sixty-three, and ratified by the general assembly by joint resolution passed the twenty-ninth day of October eighteen hundred and sixty-three, there is appropriated the sum of eighty thousand dollars; which sum is placed at the disposal of the board of supervisors of salt, by them to be disbursed in payment of the salt contracted for in said contract.

Commencement

2. This act shall be in force from its passage.

CHAP. 11.—An ACT to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th sections of chapter 14; the 14th section of chapter 21; the 27th section of chapter 23, and the 10th section of chapter 66 of the Code of Virginia (edition of 1860), so as to increase the Salaries of certain Officers of the Government.

Passed October 13, 1863.

Code amended

1. Be it enacted by the general assembly, that the first, second, third, fourth, fifth, thirteenth, fourteenth and sixteenth sections of chapter fourteen of the Code of Virginia (edition of eighteen hundred and sixty) be and the same are hereby amended and re-enacted so as to read as follows:

“§ 1. The several officers herein after mentioned shall receive annually from the public treasury the following sums, that is to say:

In the executive department.

Salaries in executive department

“The governor the sum of five thousand dollars; the secretary of the commonwealth, four thousand dollars; the assistant clerk, the sum of seventeen hundred and fifty dollars, and the copying clerk, fifteen hundred dollars.

In the office of the auditor of public accounts.

Salaries in office of auditor of public accounts

“§ 2. The auditor of public accounts shall receive the sum of four thousand dollars; the clerk of accounts, two thousand five hundred dollars; the first clerk, seventeen hundred and fifty dollars, and the second, third and fourth clerks, each the sum of fifteen hundred dollars.

In the second auditor's office.

In second auditor's office

“§ 3. The second auditor shall receive the sum of thirty-five hundred dollars; the first clerk, the sum of seventeen hundred and fifty dollars, and the second, third and fourth clerks, each the sum of fifteen hundred dollars.

In the treasurer's office.

In treasurer's office

Clerk of banking department

“§ 4. The treasurer shall receive the sum of thirty-five hundred dollars; the first clerk, the sum of seventeen hundred and fifty dollars; the second clerk, fifteen hundred dollars; and the third clerk, to be denominated clerk of the banking department, an increase from the treasury to make his salary fifteen hundred dollars.

In the land office.

Register's office

“§ 5. The register of the land office shall receive the sum of thirty-five hundred dollars; the first clerk, the sum of seventeen hundred and fifty dollars, and the second clerk, the sum of fifteen hundred dollars.”

Clerk of senate

duties and salaries

Clerk house of delegates, duties and salary

Assistant clerks senate and house of delegates

Sketch of acts, when to be prepared

“§ 13. The clerk of the senate, who is hereby required to prepare
an index to the journal of the senate and the documents printed by its order, shall receive an annual salary of twenty-two hundred and fifty dollars; the clerk of the house of delegates, who is hereby required to keep the rolls, to prepare an index to the journal of the house of delegates and the documents, to prepare tables of the places of holding separate elections and of the terms of the courts, as required by the sixteenth chapter, shall receive an annual salary of twenty-five hundred dollars. The further sum of fifty dollars per week during the session of the general assembly shall be allowed to the clerk of the senate, and the same sum to the clerk of the house of delegates, to enable each of said clerks to employ one assistant. Hereafter, at the expiration of each annual session of the general assembly, it shall be the duty of the clerk of the house of delegates to prepare for publication a sketch or synopsis of the several acts and joint resolutions passed during the session. For the services hereby required, the said clerk shall receive fifty dollars.

Sergeant at arms

Doorkeepers

Clerks of committees

How appointed

Duties

“§ 14. The sergeant at arms of the senate and the sergeant at arms of the house of delegates shall each receive the sum of fifty dollars per week during the session of the general assembly. Each of said sergeants shall be allowed for taking any person into custody, by the order of the house, two dollars; for every day he detains such person in custody, two dollars; and for the travel of himself or a messenger to take any person into custody by such order, eight cents per mile going, and the same returning. The doorkeepers of both houses shall receive the sum of fifty dollars each week during the session of the general assembly. The clerks of the several standing committees in each house shall be allowed for their services forty dollars per week until discharged; that is to say: In the senate, the clerk of the committee on roads and internal navigation; the clerk of the committees on general laws and of confederate relations; the clerk of the committees for courts of justice and of finance; and the clerk of the committees on public institutions, of privileges and elections and on banks. And in the house of delegates, the clerk of the committees for courts of justice and of schools and colleges; the clerk of the committees of propositions and of claims; the clerk of the committee on finance; the clerk of the committees of privileges and elections and on agriculture and manufactures; the clerk of the committees on banks and on military affairs; and the clerk of the committee of roads and internal navigation. The said clerks shall be appointed by the clerk of the senate and the clerk of the house of delegates respectively, and shall perform the duties of clerks of any other committees in their respective houses, and any similar service that may be required of them, without additional compensation.”

Code amended

The sixteenth section of chapter fourteen of the Code, as amended by the act passed March twenty-eighth, eighteen hundred and sixty-three, entitled an act to amend and re-enact the sixteenth and eighteenth sections of the fourteenth chapter of the Code of Virginia, so as to increase the salaries of certain officers of the penitentiary, is hereby further amended and re-enacted so as to read as follows:

Superintendent and officers of penitentiary, their salary

Surgeon

“§ 16. The superintendent of the penitentiary shall receive the sum of two thousand five hundred dollars; the first assistant keeper, one thousand dollars; the second, third, fourth, fifth, sixth and seventh assistant keepers, each nine hundred dollars. Moreover, each of said assistant keepers shall be allowed one hundred dollars worth of the manufactures of the penitentiary, at the prices fixed by the directors, every year in which the labor and manufactures thereof shall amount to the sum of thirty-two thousand dollars. The surgeon of the penitentiary and public guard shall receive the sum of one thousand dollars.”

Code amended

2. The fourteenth section of chapter twenty-one of the Code of Virginia (edition of eighteen hundred and sixty) is hereby amended and re-enacted so as to read as follows:

Superintendent of public buildings

“§ 14. The superintendent of public buildings shall receive annually out of the treasury a salary of eight hundred dollars, payable as other salaries are paid. He shall also receive annually out of the treasury a reasonable sum, to be appropriated thereto, not to exceed eight hundred dollars, payable monthly out of the civil contingent fund, to enable him to pay the servants and assistants he may have to employ.”

Code amended

Act of 1862 amended

3. The twenty-seventh section of chapter twenty-three of the Code of Virginia (edition of eighteen hundred and sixty), as amended by an act passed February twenty-first, eighteen hundred and sixty-two, entitled an act to amend section twenty-seven of chapter twenty-four of the Code (new edition), providing for a clerk in the adjutant general's office, is hereby further amended and re-enacted so as to read as follows:

Adjutant general's office

“§ 27. The adjutant general shall receive for his services thirty-five hundred dollars, payable as other salaries are paid. He shall appoint one clerk in his office, who shall receive a salary of seventeen hundred and fifty dollars, to be paid as other salaries are paid. He shall reside at or near, and shall keep his office at the seat of government; but when the public service shall render it expedient, the governor may direct him to remove with his office to any other place within the state.”

Code amended

4. The tenth section of chapter sixty-six of the Code of Virginia (edition of eighteen hundred and sixty) is hereby amended and re-enacted so as to read as follows:

Secretary may be appointed

“§ 10. The board of public works shall have power to appoint a secretary, whose salary shall be annually twenty-two hundred and fifty dollars. He shall keep a record of the official acts of the board, and shall discharge such other duties as may be prescribed by the board. The proceedings of each day shall be signed by the person presiding on that day. The said proceedings shall be at all times open to inspection.”

When computation of salaries to commence

5. The salary of each of the officers mentioned in the preceding sections of this act shall commence on, and be computed from the first day of April eighteen hundred and sixty-three: provided, that this section shall not be construed to apply to persons not now in office.

Limitation as to fees Exception

6. No officer whose salary is hereby increased, except the clerk of the senate and the clerk of the house of delegates, shall receive from the treasury any other compensation for services hereafter rendered, by virtue of his office aforesaid, than the salary aforesaid; and the fees and other perquisites hereafter accruing and now allowed by law to any such officer, shall be paid by him into the public treasury.

Commencement

7. This act shall be in force from its passage, and shall continue in force for twelve months after the ratification of a treaty of peace between the United States and the Confederate States of America.

CHAP. 12.—An ACT to amend and re-enact the 14th section of chapter 14 of the Code of Virginia, as amended and re-enacted by an act entitled an act to amend the 1st, 2d, 3d, 4th, 5th, 13th, 14th and 16th sections of chapter 14; the 14th section of chapter 21; the 27th section of chapter 23, and the 10th section of chapter 66 of the Code of Virginia (edition of 1860), so as to increase the salaries of certain Officers of the Government, passed October 13th, 1863.

Passed October 26, 1863.

Act of 1863 amended

1. Be it enacted by the general assembly, that the fourteenth section of chapter fourteen of the Code of Virginia, as amended and re-enacted by the first section of an act entitled an act to amend the first, second, third, fourth, fifth, thirteenth, fourteenth and sixteenth sections of chapter fourteen; the fourteenth section of chapter twenty-one; the twenty-seventh section of chapter twenty-three, and the
tenth section of chapter sixty-six of the Code of Virginia (edition of eighteen hundred and sixty), so as to increase the salaries of certain officers of the government, passed October thirteenth, eighteen hundred and sixty-three, be amended and re-enacted so as to read as follows:

Pay of sergeant at arms and doorkeepers

Clerks of committees

How appointed

Their duties

“§ 14. The sergeant at arms of the senate and the sergeant at arms of the house of delegates shall each receive the sum of fifty dollars per week during the session of the general assembly. Each of said sergeants shall be allowed for taking any person into custody by the order of the house, two dollars; for every day he detains such person in custody, two dollars; and for the travel of himself or a messenger to take any person into custody by such order, eight cents per mile going and the same returning. The doorkeepers of both houses shall receive the sum of fifty dollars each week, during the session of the general assembly. The clerks of the several standing committees in each house shall be allowed for their services fifty dollars per week until discharged; that is to say: In the senate, the clerk of the committee of roads and internal navigation; the clerk of the committees on general laws and of confederate relations; the clerk of the committees for courts of justice and finance; and the clerk of the committees on public institutions, of privileges and elections and on banks. And in the house of delegates, the clerk of the committees for courts of justice and of schools and colleges; the clerk of the committees of propositions and of claims; the clerk of the committee on finance; the clerk of the committees of privileges and elections and on agriculture and manufactures; the clerk of the committees on banks and on military affairs, and the clerk of the committees of roads and internal navigation and on the penitentiary. The said clerks shall be appointed by the clerk of the senate and the clerk of the house of delegates respectively, and shall perform the duties of clerks of any other committees in their respective houses, and any similar service that may be required of them, without additional compensation.”

Commencement

2. This act shall be in force from its passage.

Chap. 13.—An ACT amending and re-enacting the 1st and 3d sections of chapter 10 of the Code of Virginia (edition of 1860), so as to extend the time within which a person intending to contest the election of another as Senator or Delegate, may give notice.

Passed October 30, 1863.

Code amended

1. Be it enacted by the general assembly, that the first and third sections of chapter ten of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

When notice may be given

List of votes

Objections

Eligibility

“§ 1. Any person intending to contest the election of another, as senator or delegate to the general assembly, shall, within twenty days after the day on which the result of the election shall be ascertained, declared and certified, as provided by law, give to the other notice thereof in writing, and a list of the votes he will dispute, with his objections to each, and of the votes improperly rejected, for which he will contend. If he object to the legality of the election, or eligibility of the person elected, the notice shall set forth the objections; and the person whose election is contested shall, within twenty days after receiving such notice, deliver to his adversary a like list of votes which he will dispute, with his objections, and of the votes improperly rejected, which he will claim, and notice of his objections, if any he has, to the eligibility of the contesting party. Each party shall append to the list of votes he intends to dispute or claim, an oath to the following effect: ‘I do swear, that I have reason to believe the persons whose names are above mentioned, are
not legally qualified (or are qualified, as the case may be) to vote in the county of. (or corporation or district of).’”

In special elections

Depositions

“§ 3. Where, however, such contest arises upon a special election to fill a vacancy, held at any other time than the general election day, the notice, with specifications as above, shall be given by the contesting party within ten days after the day on which the result of the election shall be ascertained, declared and certified, as provided by law; and by the party whose right is contested, within five days after receiving such notice; and they shall respectively begin to take depositions within ten days, and finish them within twenty days after the result of the election is declared and certified as aforesaid, unless further time shall be allowed by a resolution of the house in which the contest exists, or unless the legislature shall adjourn before the time aforesaid shall have expired; in which case the parties may continue to take depositions until within thirty days of the next meeting of the general assembly.”

Commencement

2. This act shall be in force from its passage.

CHAP. 14.—An ACT to suppress Gaming.

Passed October 16, 1863.

Code amended

1. Be it enacted by the general assembly, that the first, second and fourth sections of chapter one hundred and ninety-eight of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

Penalty for unlawful gaming Infamous offence

Whipping

Property forfeited

When property may be seized

Amount to person making seizure

“§ 1. A free person who shall keep or exhibit a gaming table, commonly called A B C, or E O table, or faro bank, or table of like kind, under any denomination, whether the game or table be played with cards, or any evasive substitute for cards, dice, or otherwise, or who shall be a partner, or concerned in interest, or employed or engaged in any manner in the keeping or exhibiting such table or bank, or who shall permit the keeping or exhibition of such table or bank in any room or apartment of his house or premises, shall, upon conviction thereof, be deemed to be guilty of an infamous offence, in the meaning of the constitution of this state, and shall be confined in jail not less than two nor more than twelve months, and be fined not less than one hundred dollars nor more than one thousand dollars, and may, at the discretion of the court, be subjected to stripes on his bare back, not exceeding thirty-nine; and all the right, title and interest, legal or equitable, of such person in any real property, including the lot and premises thereto attached, in or upon which such gaming may be carried on, shall be absolutely forfeited to and vested in the commonwealth. Any such table or faro bank, and all money found thereon, or other property staked or exhibited to allure persons to bet at such table, and all household or other personal property used or employed in such gaming house, may be seized by order of a court, or under warrant of a justice, mayor of a city or town, or judge in vacation; and the money so seized, after deducting therefrom one-half for the person or persons making the seizure, shall be forfeited, as provided in the twenty-fourth section of chapter fifty-one of the Code (edition of eighteen hundred and sixty), in respect to the forfeiture declared by that chapter: provided, that twenty per centum of the entire value of the property forfeited shall, in each case of conviction, be payable to the commonwealth's attorney who prosecuted the case.

Penalty for renting houses for gambling Hiring slaves

Fines

Property, when forfeited

“§ 2. Be it further enacted, that any person who shall knowingly rent to any person any real property for such unlawful gaming, with intention to allow the use of the same for the purpose aforesaid, or any person who shall knowingly hire any slave to any such person, with intention to allow such slave to be employed in any service connected with such gaming, shall be fined not less than one hundred
dollars nor more than one thousand dollars; and upon conviction, all their right, title and interest, legal or equitable, in any such real estate, and their right to such slave, shall be absolutely forfeited to and vest in the commonwealth.”

“§ 4. If a free person bet or play at any such table or bank as is mentioned in the first section, or if at any ordinary, race field or other public place, he play at any game except bowles, chess, backgammon, draughts, or a licensed game, or bet on the sides of those who play, he shall be fined not less than one hundred dollars nor more than one thousand dollars, and shall, if required by the court, give security for his good behavior for one year, or in default thereof, may be imprisoned not more than three months.”

Free negro, when to be sold

2. Be it further enacted, that any free negro who shall knowingly be engaged as a servant, and employed as such in any house or other place kept for such unlawful gaming, shall, upon conviction, be declared to be a slave for life, and sold into slavery. The trial and proceedings against such negro shall be the same, as far as applicable, as that prescribed by law for selling free negroes into slavery.

Duty of court as to forfeited property

3. It shall be the duty of the court in which a conviction may be made, to order any property forfeited under this act to be sold for cash, and after paying all the expenses attending such sale, order one-half of the net proceeds to be paid to the informer, if there shall be an informer, and the residue to be paid into the treasury.

How, as to equitable title

Conveyance, how made

4. If only an equitable right or title to real estate shall be forfeited under this act, the purchaser shall be substituted by suit in equity to all the rights and remedies of the person convicted, in respect to such real estate. In all cases in which the person convicted is seized of the title in fee simple, or possessed of a less estate than the freehold in the real estate so sold, the court shall, upon payment of the purchase money into the treasury, order a conveyance to be made to the purchaser.

Corroborative evidence

5. No conviction shall be had under this act, upon the testimony of any informer, without other or corroborative evidence, unless such informer shall disclaim any right to the proceeds of any forfeiture under this act.

When search and examination of suspected premises

Proceedings after search

When officer to seize property

Order as to safe-keeping

6. It shall be the duty of every justice of the peace, or mayor of a city, who has probable cause to suspect that any house is kept for the purpose of exhibiting any game prohibited by this act, to issue his warrant, directed according to law, for the search and examination of the premises; and if upon such search and examination it shall appear that such house is kept for the purpose of exhibiting and carrying on such unlawful gaming, or if it shall appear upon proof that such gaming has been exhibited and carried on, at any time within ten days previous to such search and examination, within such house, it shall be the duty of the officer to seize and take possession of all property liable to forfeiture under this act, and to hold the same subject to the orders of the justice or mayor issuing the warrant. And it shall be the duty of the justice or mayor to order the same to be held safely, to abide the orders of the court in which the prosecution may be had, except that gaming tables and money so seized may be disposed of as herein provided.

Duty of attorney for commonwealth

7. It shall be the duty of the attorney for the commonwealth to file with the indictment or information a description in writing of the property liable to forfeiture; and upon conviction, the court shall immediately cause a rule to be served upon the owner to show cause against the forfeiture; and upon the return of the rule, the court shall proceed, without other pleadings, to determine the question of forfeiture.

Commencement

8. This act shall be in force from its passage.

CHAP. 15—An ACT to amend and re-enact an act passed March 11th, 1863, entitled an act to amend the 39th section of chapter 184 of the Code of Virginia (edition of 1860) so as to increase the Compensation of Clerks and Sheriffs for Public Services.

Passed October 30, 1863.

Code amended

1. Be it enacted by the general assembly, that the act passed March the eleventh, eighteen hundred and sixty-three, entitled an act to amend the thirty-ninth section of chapter one hundred and eighty-four of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

Amount to clerks, &c

Exception as to Petersburg and Richmond

“§ 39. There shall be chargeable in every county or corporation such sum as the court thereof may, for services to the public of the county, city or town, allow its clerk and the sheriff or sergeant attending it, not exceeding for one year four hundred dollars to its clerk, and seventy-five dollars to its sheriff or sergeant; and the corporation courts of Richmond and Petersburg may make such allowance as they may deem proper to their respective clerks and sergeants, for services for which no other compensation is made by law.”

Commencement

2. This act shall be in force from its passage.

CHAP. 16.—An ACT to amend and re-enact the 17th section of the 61st chapter of the Code of Virginia, giving priority of Transportation for Food to Consumers.

Passed October 31, 1863.

Code amended

1. Be it enacted by the general assembly, that the seventeenth section of chapter sixty-one of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

When rail road company to transport

Order of time of transportation

Priority of transportation

Express freight not to be charged

“§ 17. So soon as any portion of a rail road may be ready for transportation, the rail road company may, by its officers and agents, or by contractors, transport persons and property on the same; for which purpose, there shall be kept in good order such locomotives, cars and other things as may be proper. The company shall have the exclusive right of transportation on its road, and shall, upon the payment or tender of the lawful rates of freight or toll, transport to, and deliver at any depot, or other regular stopping place indicated by the owner, such articles as shall be delivered or offered at any depot or other receiving place, in proper condition to be transported. The property of all persons shall, as far as practicable, be transported in the order of time in which it shall be delivered or offered, and the freight or tolls paid or tendered: provided, that it shall be the duty of every such company, during the present war, under regulations to be prescribed or approved by the board of public works, to give priority of transportation to articles intended for food, in the hands of, or purchased by consumers, or in the hands of, or purchased by cities, counties and corporations, and designed for gratuitous distribution, or for sale at prices not exceeding the cost and charges: and provided further, that the articles embraced by the preceding proviso shall not be subject to express freight, but shall be transported at the rates prescribed for such articles when carried as ordinary freight.”

Commencement

2. This act shall be in force from its passage.

CHAP. 17.—An ACT to amend and re-enact section 11 of chapter 208 of the Code of Virginia.

Passed October 30, 1863.

Code amended

1. Be it enacted by the general assembly, that the eleventh section of chapter two hundred and eight of the Code of Virginia be amended and re-enacted so as to read as follows:

Board of jurors

“§ 11. When in a criminal case the jury are kept together beyond the day on which they are impanneled, the court shall direct its officer to furnish them with suitable board and lodging while so confined. The expenses thereof, not exceeding three dollars per day for each juror, shall be paid out of the treasury, when allowed by the court.”

Commencement

2. This act shall be in force from its passage.

CHAP. 18.—An ACT to amend and re-enact the 4th, 5th and 56th sections of the 87th chapter of the Code of Virginia.

Passed October 10, 1863.

Code amended

1. Be it enacted by the general assembly, that the fourth, fifth and fifty-sixth sections of chapter eighty-seven of the Code of Virginia be amended and re-enacted so as to read as follows:

Rates of rent

What for state

“§ 4. For each hogshead of tobacco received, inspected, stored or delivered out at any such warehouse, rent shall be paid to the inspectors at the following rates, to wit: Three dollars, if the warehouse be in, and two dollars and fifty cents, if it be not in Richmond, Petersburg, Alexandria, Lynchburg, Farmville, Danville or Clarkesville; which rent shall be for the exclusive use of the proprietors of the warehouse, if it be built of brick or stone, with fire proof covering; but if not so built, fifty cents out of every such three dollars or two dollars and fifty cents, shall be for the state.

Rates of charges for tobacco

“§ 5. There shall also be paid to the inspectors at any warehouse, for the use of the proprietor, for all tobacco lying therein more than twelve months, at the rate of thirty cents per month for each hogshead, for each month from and after the passage of this act.”

When value recovered in case of damage by fire

Proviso

“§ 56. If any tobacco stored in any warehouse belonging to the state be damaged by fire at any time while remaining in said warehouse, the owner may in like manner recover the amount of his damages; but if said tobacco should be so damaged after remaining in the warehouse more than a year, then the damage so recovered shall not exceed in amount the value of the tobacco at the time when the same was received for inspection.”

Commencement

2. This act shall be in force from its passage, and until six months after the ratification of a treaty of peace between the Confederate States and the United States.

CHAP. 19.—An ACT to amend and re-enact the 9th section of the 57th chapter of the Code of Virginia (edition of 1860).

Passed October 29, 1863.

Code amended

1. Be it enacted by the general assembly, that section nine, chapter fifty-seven of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

How meeting of stockholders constituted

When to adjourn

Proviso

“§ 9. To constitute a meeting of stockholders other than the annual meeting of stockholders of a bank of circulation, there must be present those who can give a majority of all the votes which could be given by all the stockholders. If a sufficient number fail to attend at the time and place for a meeting, those who do attend may adjourn from time to time until a meeting shall be regularly constituted. The annual meeting of the stockholders of a bank of circulation may be held by any number that may be present. A meeting of stockholders may adjourn from time to time until its business is completed: provided, that if during the existing war with the United States a majority of all the votes cannot be present as aforesaid, because stockholders are within the lines of the public enemy, such meeting may be held, if there shall be present those who can give a majority of all the votes which could be given by stockholders other than the commonwealth.”

Commencement

2. This act shall be in force from its passage.

CHAP. 20.—An ACT to amend the act passed February 13th, 1862, entitled an act to amend section 14 of chapter 163 of the Code, in relation to the Removal of the Records and Papers of Courts.

Passed October 1, 1863.

Code and Act of 1862 amended

1. Be it enacted by the general assembly, that the fourteenth section of chapter one hundred and sixty-three of the Code of Virginia, as amended by the act passed February thirteenth, eighteen hundred and sixty-two, entitled an act to amend section fourteen of chapter one hundred and sixty-three of the Code, in relation to the removal of the records and papers of courts, be amended and re-enacted so as to read as follows:

Records not to be removed

When may be removed

What in case of death of clerk

“§ 14. None of the records or papers of a court shall be removed by the clerk, nor allowed by the court to be removed out of the county or corporation wherein the clerk's office is kept, except on an occasion of invasion or insurrection, actual or threatened, where, in the opinion of the court, or in a very sudden case, of the clerk, the same will be endangered: after which, they are to be returned as soon as the danger ceases; and except in such other cases as are specially provided by law. And in the event of the death of the clerk of the circuit or county court, or of both courts, before such return, it shall be the duty of the surviving clerk of either of said courts, or the clerk pro tempore of either, to take charge of said records and papers, and retain them, subject to all the responsibilities of the former custodian. Any clerk violating this section, shall forfeit six hundred dollars.”

1. Be it enacted by the general assembly, that section nine of chapter one hundred and sixty of the Code of Virginia (edition of eighteen hundred and sixty) be amended and re-enacted so as to read as follows:

Section 9 of chapter 160 amended

When appellate jurisdiction exercised

“§ 9. The sessions and terms of the supreme court of appeals, and the powers and duties of the court at each place of session, shall continue according to the laws in force at or since the adoption of the constitution, except that the court, at one place of session, may also, if it see fit, appoint and take bond from the clerk of the court at the other place; and except likewise that the appellate jurisdiction of said court in any criminal case, or in any case of habeas corpus, may be exercised at either place of session, no matter in what county or corporation the circuit court may have been held which rendered the judgment in such case; and a criminal case, or a case of habeas corpus, pending in said court at one place, may at any time, by its order, be transferred to the other, and be there heard and determined.”

Commencement

2. This act shall be in force from its passage.

CHAP. 22.—An ACT authorizing Special Terms of the Circuit Courts to be held to carry into effect the provisions of the law to prevent the unlawful distillation of Whiskey or other Spirituous or Malt Liquors.

Passed September 30, 1863.

Special terms, how held

1. Be it enacted by the general assembly, that if the judge of any circuit court of the state shall deem it necessary to hold a special term in any county in his circuit, to carry into effect the provisions of the law to prevent the unlawful distillation of whiskey, or other spirituous or malt liquors, out of grain, potatoes, sugar, molasses, sugar cane, molasses cane or sorghum, it shall be lawful for him to
appoint a special term of the court, and to issue his warrant for holding the same, as is prescribed by the twenty-ninth section of chapter one hundred and fifty-eight of the Code of eighteen hundred and sixty; at which term the court may exercise the like jurisdiction as might be exercised under the said laws at a regular term of the said court.

Mode of procedure

2. The mode of proceeding upon presentments, indictments or informations charging offences against the said laws, may be as is now prescribed by law in such cases, or as prescribed by section twenty-third of chapter two hundred and seven of the Code of eighteen hundred and sixty, as to the offences therein referred to, as the court may deem best.

Commencement

3. This act shall be in force from its passage.

CHAP. 23.—An ACT amending the Road Law of the Commonwealth.

Passed October 3, 1863.

Section 28 of chapter 52 of Code amended

1. Be it enacted by the general assembly of Virginia, that the twenty-eighth section of the fifty-second chapter of the Code of Virginia be amended and re-enacted so as to read as follows:

When persons to work on roads

Penalties for failure

Proviso

“§ 28. Every person appointed under either of the two preceding sections, shall, either in person or by a sufficient substitute, when required by the proper surveyor, attend with proper tools, and work the road on such days as the surveyor may direct. For every day on which there may be a failure, not less than two dollars nor more than four dollars, as a magistrate may determine, shall be paid to the surveyor within twenty days thereafter, by the person in default, if a person of full age; or if he be an infant, by his parent or guardian; or if he be a servant or slave, by his overseer, if he be under one; otherwise, by his master. If the money be not paid, it shall be recoverable by the surveyor, with costs, before a justice. Any money received by a surveyor under this section, after the payment of costs, shall be applied to the improvement of the road of which he is surveyor: provided, that the county court of any county, the magistrates being duly summoned for the purpose, may have power to direct the surveyor not to call for hands to labor upon any road, whenever the number of hands liable to such call may be so reduced in number as that their employment in work upon such road will cause serious injury to the agricultural operations of the people living in the vicinity of said road: and provided further, that any order so made by the said court, shall be a bar to any proceedings against such surveyor for a failure to keep his road in the condition required by law.”

Commencement

2. This act shall be in force from its passage.

CHAP. 24.—An ACT to provide for the Trial of Friendly Suits in Chancery for Partition; &c., arising in Counties in the possession of the enemy, or threatened with invasion.

Passed October 29, 1863.

When friendly suits in chancery may be tried in another county

When copies to be certified

1. Be it enacted by the general assembly, that whenever any county or corporation in this state shall be in the possession of the enemy, or shall be threatened with invasion, or whenever the existing state of war shall make it difficult or unsafe for the jurisdiction of the courts to be exercised therein all suits in chancery arising in said counties or corporations for partition, or for the sale and division of property, or any other proceedings in chancery, in which the rights of the parties are not controverted, may be instituted and proceeded in to a final decree in the circuit court of a county in an adjoining circuit not so situated: provided, that copies of all decrees entered in such causes shall be certified to the clerk of the circuit court of the
county or corporation in which such cause would have been instituted and tried but for the passage of this act.

Commencement

2. This act shall be in force from its passage.

CHAP. 25.—An ACT to authorize the Transfer of Causes from the Circuit Court for the City of Williamsburg and County of James City to other Circuit Courts.

Passed October 23, 1863.

When cause may be removed

Notice, how given

1. Be it enacted by the general assembly, that any cause now depending and undetermined in the circuit court for the city of Williamsburg and county of James City, which cannot be held by reason of the presence or proximity of the public enemy to the place where such court is now required by law to be held, may, during the continuance of the present war, by and with the consent of the parties thereto, or, where such consent cannot be obtained, after notice of ten days, personally served by the plaintiff upon the defendant, or by defendant upon the plaintiff, or by publication of notice in some newspaper published in the city of Richmond, once a week for four weeks successively, be transferred to, and docketed in the circuit court of the city of Richmond, or such other circuit court as may be agreed upon between the parties; or in the absence of such agreement, in the nearest circuit court of the judicial district that may be capable of transacting its business.

Suit, how proceeded in

When cause remanded

2. And be it further enacted, that any cause which may be transferred to, and docketed in any court of this commonwealth, in accordance with the preceding section, shall be proceeded with in said court as if the same had originated therein: provided, that the court shall be of opinion that the interests of the parties will not be prejudiced thereby: and provided further, that the court wherein any cause may be docketed under the preceding section, may at any time order its removal to the court in which it originated, when said court shall become capable of transacting its own business.

When cause returned

3. Any cause which may, under this act, be proceeded in to final judgment or decree, shall, by order of the court, as soon as can be done in safety, be returned to the court in which it originated, with duly certified copies of all orders, decrees and judgments which may have been pronounced and entered therein.

Commencement

4. This act shall be in force from its passage.

CHAP. 26.—An ACT to amend and re-enact section 4 of an act entitled an act to provide for Trial of Persons charged with Offences committed in Counties in the possession of the enemy, or threatened with immediate invasion, passed March 27th, 1862.

Passed October 8, 1863.

Act of 1862 amended

1. Be it enacted by the general assembly, that section four of an act entitled an act to provide for the trial of persons charged with offences committed in counties in the possession of the enemy, or threatened with immediate invasion, passed March twenty-seventh, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows:

Where to be confined

Proviso as to bail

“§ 4. When any such action shall be taken as is provided for in either of the foregoing sections, the person charged with the offence shall be hereafter confined in the jail of the county to which the case shall be removed: provided, however, that in addition to the right to bail, which such person may have under existing laws, he shall, before an examining court, whenever a continuance has been granted to the commonwealth for three successive terms, or whenever it shall appear that without default of the prisoner no examination has been
had for the period within which three successive terms of said court, or the court of the county from which he was removed, are prescribed to be held, be entitled to bail, unless it shall appear that a felony has been committed, and strong suspicion of guilt falls on him: and whenever before such court a continuance has been granted to the commonwealth for four successive terms, or without default of the prisoner, no examination has been had for the period within which four successive terms of said court, or the court of the county from which he was removed, are prescribed by law to be held, he shall be entitled to bail as a matter of right; and any judge of a circuit court may in vacation admit such person to bail, upon the grounds for which an examining court is herein before authorized to admit him to bail: and provided further, that he shall, at a circuit court, if not indicted at or before the second term of the court at which he is held to answer, in addition to his right to bail under existing laws, be entitled to bail, unless it shall appear that a felony has been committed, and strong suspicion of guilt falls on him: and if not indicted at the third term of said court, he shall be admitted to bail as a matter of right.”

1. Be it enacted by the general assembly, that the first section of an act passed seventeenth March eighteen hundred and sixty-three, entitled an act to amend and re-enact the first section of an act entitled an act to increase jailors' fees for keeping and supporting prisoners, passed September twenty-fourth, eighteen hundred and sixty-two, be amended and re-enacted so as to read as follows:

Fees of jailors

“§ 1. Jailors shall hereafter be allowed one dollar per day keeping and supporting persons confined in the jails of this commonwealth, and a fair proportion of said sum for any time less than twenty-four hours; and in all cases the allowance shall be made on an account stating the time for which the person or persons remained in jail: provided, that the county and corporation courts of the commonwealth may establish, in their discretion, a different rate, not less than thirty-five cents nor more than two dollars and fifty cents per diem.”

Commencement

2. This act shall be in force from its passage.

CHAP. 28.—An ACT to amend the act passed February 13th, 1863, entitled an act amending and re-enacting the 1st and 2d sections of an act entitled an act to repeal the Fence Law of Virginia as to certain Counties, and to authorize the County Courts to dispense with enclosures in other Counties, passed October 3d, 1862, and to legalize the action of County Courts held under said law.

Passed October 9, 1863.

Section 2 of Act of 1863 amended

1. Be it enacted by the general assembly, that the second section of the act passed October the third, eighteen hundred and sixty-two, as amended by an act passed February the thirteenth, eighteen hundred and sixty-three, entitled an act amending and re-enacting the first and second sections of an act entitled an act to repeal the fence law of Virginia as to certain counties, and to authorize the county courts to dispense with enclosures in other counties, passed October the third, eighteen hundred and sixty-two, and to legalize the action of county courts held under said law, be amended and re-enacted so as to read as follows:

Power of courts

“§2. Be it further enacted, that the county courts of the counties of Augusta, Frederick, Clarke, Warren, Culpeper, Rappahannock, Norfolk, Princess Anne, Mercer, Shenandoah, Page, Prince William, Spotsylvania, Hampshire, Berkeley, Caroline, Rockingham, Richmond, Westmoreland, Loudoun, Jefferson, Orange, Essex, King & Queen, Goochland, Giles, Bland, Fairfax, Greenbrier, New Kent, Charles City, James City, Prince George, Nansemond, Highland, Hardy and King William shall have power, all the justices having been summoned, and a majority thereof being present, to dispense with the existing laws in regard to enclosures, so far as their respective counties may be concerned, or such parts thereof, to be described by metes and bounds, as in their discretion they may deem it expedient to exempt from the operation of such law.”

Commencement

2. This act shall be in force from its passage.

CHAP. 29.—An ACT to authorize the Arrest of Deserters by the Civil Authorities.

Passed October 27, 1863.

Deserters, how to be arrested

Arrest notified

Deserter committed to jail

1. Be it enacted by the general assembly, that all conservators of the peace in this commonwealth are hereby authorized and required to arrest deserters from the army and navy of the Confederate States, whenever and wherever they may be found; and they shall promptly notify the nearest confederate officer, or the adjutant general, or the secretary of war, of such arrest, and shall commit the said deserter to the jail of the county, city or town in which he is arrested, until he can be delivered to the confederate authorities.

Posse comitatus, when summoned

2. The said conservators of the peace, in making such arrest, may summon so many of the people of their county or corporation, or require the nearest commissioned officer of state forces to call out such portion of his command as may be sufficient to aid him, and may proceed in the manner prescribed in the twenty-fourth section of the forty-ninth chapter of the Code.

Penalties

3. Any conservator of the peace neglecting or refusing to perform the duties imposed by this act shall be fined, at the discretion of the jury, not less than thirty nor exceeding five hundred dollars for each offence.

Commencement

4. This act shall be in force from its passage.

CHAP. 30.—An ACT to provide for the Appointment of General Agents and Storekeepers for Counties and Corporations.

Passed October 27, 1863.

General agents and storekeepers, how appointed

1. Be it enacted by the general assembly, that it shall be lawful for the court of any county or corporation, all of the acting justices thereof having been duly summoned, and a majority of them being present and assenting to the provisions of this act, to appoint a general agent and storekeeper, and such sub-agents as may be deemed necessary, with the duties herein after assigned; which agents shall be chosen from persons who are exempt from military duty.

County court may borrow money

Court to prescribe articles to be purchased

To whom articles not to be sold

Penalty

2. The court of any such county or corporation may, upon the credit thereof, at any regular term, all the justices thereof having been duly summoned, and a majority of them being present, borrow, for the purpose of carrying into effect the objects of this act, an amount of money, not exceeding at any one time ten thousand dollars for every one thousand of white population, and at a rate of interest not exceeding six per centum; and said court shall have authority to prescribe the articles to be purchased, and to fix the compensation of the agent, and to adopt rules and regulations for the
sale and distribution of such articles to the citizens in such quantities and in such manner as shall best conduce to the relief of the distress and wants of the community: provided, that no article shall be sold to any person who may buy to sell again; and if such sale be made, the said agent and purchaser shall each be liable to a penalty of three times the value of the article sold; to be recovered by information or indictment, and the amount thereof paid into the county treasury.

Books of agent, how inspected

3. The court of any such county or corporation, at any regular term thereof, may inspect the books and papers of such agent and storekeeper, and cause his accounts to be settled in such manner as the court may direct.

To whom articles to be sold

Price therefor

4. It shall be the duty of such general agent and storekeeper, under regulations prescribed by the court, to purchase and sell to the residents of such county or corporation, or otherwise dispose of articles of prime necessity; the sale to be at prices equal, as near as may be, to the aggregate amount of the prime cost, the cost of transportation, necessary expenses of sale of each article, the compensation for such agent, and the interest on the money borrowed, and the taxes that may be imposed.

Oath and bond of agent

5. Every such agent and storekeeper, before entering upon the discharge of his duties, shall take an oath before the clerk of such court for the faithful performance thereof, and enter into a bond in a penalty adequate, and with security sufficient, to be judged of by the court, with condition for the faithful performance of his duties as such agent and storekeeper; and such bond may be put in suit from time to time, at the relation and for the benefit of such county or corporation, or any person injured by a breach of the condition thereof.

Transportation

6. All of the rail roads throughout this state shall provide transportation for all goods purchased by such agents, in preference to all other articles, except army supplies.

As to counties in power of enemy

7. That in counties where, in consequence of the presence of, or a threatened invasion by the public enemy, the provisions of sections one and two of this act cannot be carried into effect, it may be lawful for five or more of the acting justices thereof, a majority agreeing, to convene in said county at a place of safety from the enemy, who shall be clothed with all the powers to act in the premises, that are given to a majority of the justices of a county, under the first and second sections of this act.

Commencement

8. This act shall be in force from its passage.

CHAP. 31.—An ACT for the Relief of the Indigent Soldiers and Sailors of the State of Virginia who have been or may be disabled in the Military Service, and the Widows and Minor Children of Soldiers and Sailors who have died or may hereafter die in said Service, and of the Indigent Families of those now in the Service.

Passed October 31, 1863.

Lists of whom to be made

List, how returned

How examined and added to

1. Be it enacted by the general assembly, that it shall be the duty of the county and corporation courts of this commonwealth to order the sheriffs and sergeants of such counties and corporations to make a list of all indigent soldiers and sailors enlisted from their respective counties or corporations in the confederate service or state service, who have been or may be disabled or honorably discharged, and of then families, and of the families of those who may be now in the service, and of the widows and minor children of such as may have died or may hereafter die in the service; and said list shall be returned and deposited in the clerk's office of such counties and corporations, at the next regular term thereafter. And it shall be the duty of the magistrates in each magisterial district to report a list of said persons and families in their respective districts to the said term
of the county courts; and said courts shall then, and from time to time thereafter, at any regular term thereof, examine said list, and add to it or strike from it such names as it shall deem just and proper.

Allowance, how made

How charged

2. It shall be the duty of said courts to make an allowance, in money or supplies, to the persons and families mentioned in the first section of this act, of such liberal amount and in such proportion as they may think just and sufficient for their maintenance; and said allowance shall be charged on the county, city or town; and provision shall be made for its payment, in the manner prescribed by law for sums legally chargeable on counties, cities and towns.

In case of refugees

Accounts, how certified

When paid out of the treasury

3. Whenever any county court shall be satisfied that any such soldiers and sailors were, at the date of their enlistment, residents of any county of the commonwealth, and whose families may have been, or may hereafter be driven from their homes, by fear of the public enemy, and are residing in such county, it shall be the duty of such court to enroll such soldiers and sailors and their families, according to the provisions of the first section of this act, and to make the same provision for their support as for those soldiers and sailors and their families described in said section. The said county court shall state and certify their account for the support of such refugee soldiers and sailors and their families, and forward the same to the auditor of public accounts; and it shall be the duty of the auditor to pay said accounts by warrants upon the treasurer of the commonwealth.

Agents and their duties

When impressments may be made

Who shall be deemed a speculator

How collision prevented between county and impressing agents of confederate government

Estimates, how made

When agent may sell to others

Exception as to merchants

Exception as to impressment of family supplies

When justices to be convened

4. The said courts may, at any regular term thereof, appoint an agent or agents, whose duty it shall be to purchase, upon the order of said courts, a supply of such articles deemed necessary for the support of the persons and families mentioned in the first and third sections of this act, at rates to be agreed upon by the vendor and the agent, under instruction of said courts; or if the said courts shall deem it prudent and necessary, may authorize its agent or agents to impress, upon its order, a stated quantity of necessaries for the persons and families mentioned in the said first and third sections of this act, at prices not exceeding those prescribed by the commissioners appointed for the state of Virginia, under the act of the congress of the Confederate States regulating impressments, preferring in said impressment articles in the hands of persons who may have purchased the same for purposes of speculation: and said courts shall have the authority to prescribe the articles to be purchased, and to fix the compensation of the agent or agents, and to adopt rules and regulations for the proper care of such articles so purchased or impressed, and for the distribution of the same in such quantities and in such manner as shall best conduce to the relief of the distress and wants of the persons and families mentioned in the said first and third sections. Any person shall be held and deemed a speculator within the meaning of this act, who shall purchase any of the necessaries of life for profit by resale, or who shall purchase or hold the same when not needed for the consumption of his or her family during the then ensuing twelve months. Where the confederate government has an impressing agent in any county, it shall be the duty of the county court, in order to prevent collision, at once to cause an estimate to be made of the amount of supplies so needed by the persons mentioned in the first and third sections, and also of the amount needed for such other residents of such county as may not have supplies adequate to their necessities, who shall make affidavit as to such deficiency. It shall be the duty of the said county agent to report the aggregate amount of said estimates to the impressing officer of the Confederate States for said county, and endeavor so to arrange with the said agent as that a sufficiency for the said purpose, of the surplus products of said county, may be turned over by the confederate agent to the said agent of the county court, who shall proceed to sell so much thereof as may have been obtained for that purpose, at cost, to the persons not mentioned
in the first and third sections of this act, adding the expenses of transportation and proper allowance for wastage: provided, that when the owner of property impressed is dissatisfied with the price, he may appeal to the county court, whose decision shall be final; but the agent may take possession of the property impressed immediately on the appeal being taken: provided, that so much of the act as defines who shall be held and deemed a speculator, shall not be so construed as to apply to a licensed merchant who only buys and sells such goods, wares and merchandise as he is authorized to do by virtue of his license; nor to a farmer who only holds such necessaries of life as are of his own production; but such articles deemed necessaries of life owned by any such merchant or farmer shall be liable to impressment in like manner as if owned by any person other than one held and deemed a speculator under this act: and provided further, that no impressment shall be made of any supplies laid in and necessary for the support of any family for a period not exceeding twelve months: and provided further, that no such order of impressment shall be made except at a term of said court to which all the justices of said county have been previously summoned: and provided further, whenever the said county agent or agents shall report to the clerk of said court his or their inability to procure by purchase at rates not exceeding those prescribed by the schedule of prices fixed by the commissioners for the state of Virginia, under the act of the confederate congress regulating impressments, the supplies necessary for the support of the persons and families aforesaid, the clerk of such court shall issue a summons to convene the justices of said county at the next regular term of such court.

Oath and bond of agents

5. Every such agent, before entering upon the discharge of his duties, shall take an oath before the clerk of said court for the faithful performance thereof, and enter into a bond, in a penalty adequate and with security sufficient, to be judged of by the court, with conditions for the faithful performance of his duties as such agent; and such bond may be put in suit from time to time, at the relation and for the benefit of such county and corporation, or of any person injured by a breach of the conditions thereof.

Penalties for failure to carry out provisions of act

How disposed of

6. Be it further enacted, that if said county or corporation courts or said sheriffs or sergeants shall willfully neglect or refuse to perform the duties herein before imposed, the magistrates composing said court, and said sheriffs or sergeants who so neglect or refuse to perform their said duty, shall be fined severally the sum of one hundred dollars for each term of said courts at which they may be so in default; to be recovered by presentment, indictment or information in the circuit court of said counties or corporations: and such sums so recovered shall be set apart as a portion of the fund to be raised by such counties and corporations for the support of the persons and families mentioned in the first and third sections of this act.

How provisions of act executed

7. Be it further enacted, that for the purpose of carrying the provisions of this act into effect in counties partly held or threatened by the public enemy, and when the court thereof cannot be held at the courthouse of such county, it shall be lawful for any five or more of the acting justices thereof to assemble at some place in said county other than the courthouse thereof, who, so assembled, shall be regarded in all respects as the county court of said county for the purpose of carrying into effect the provisions of this act.

Act to be given in charge to juries

Commencement

8. This act shall be given in charge to the grand juries of the circuit courts of said counties and corporations, and shall be in force from its passage, and shall continue in force until six months after the ratification of a treaty of peace between the Confederate States and the United States.

CHAP. 32.—An ACT to repeal so much of the Ordinance of the Convention of April 24th, 1861, as provides for a Pay Department of Virginia Forces.

Passed October 31, 1863.

Ordinance repeated

1. Be it enacted by the general assembly, that so much of the ordinance of the convention of April twenty-fourth, eighteen hundred and sixty-one, as provides for a pay department to the forces of Virginia, be and the same is hereby repealed.

Unfinished business, how transacted

2. That from and after the first day of January eighteen hundred and sixty-four, the unfinished business of said department shall be turned over to the auditing board, together with all papers, documents and vouchers pertaining thereto; and thereafter all the duties of the pay department shall be performed by the said auditing board, in conformity with the practice and rules of the confederate service; and the commissions of all officers in the pay department, other than the paymaster general, are hereby canceled from the first day of January eighteen hundred and sixty-four.

Commencement

3. This act shall take effect and be in force from and after its passage.

1. Be it enacted by the general assembly of Virginia, that every rail road company subject to the provisions of the sixty-first chapter of the Code (edition of eighteen hundred and sixty), shall conform to the following regulations:

Fuel, when to be transported

2. Whenever any person shall give notice in writing to the superintendent of any such rail road, that he has delivered at any depot or switch upon the said road not less than eight cords of wood or eight tons of coal, consigned to some city, town, village or chartered institution of learning upon the line of said road, and that he is prepared to load the same upon the cars within six hours after such cars shall be ready to receive it, it shall be the duty of said superintendent to provide forthwith sufficient transportation for the same.

Compensation for rail road companies

How fixed

3. The said rail road companies shall be entitled to receive, for the transportation of such fuel, an addition of twenty-five per centum upon the rates of freight per ton per mile allowed them by law, and shall be entitled moreover to demand from any shipper referred to in the second section of this act, the delivery at the place of shipment, and at the value thereof at such place, of one-fourth part of all such fuel, to be applied to the use of such road. In case of any disagreement between such company and the shipper of such fuel as to the price thereof, such company shall be entitled to employ the provisions of the fifty-sixth chapter of the Code (edition of eighteen hundred and sixty) in fixing the valuation thereof.

Fines

Proviso as to Virginia and Tennessee rail road

4. If any such company shall fail to perform the duties imposed thereon by this act, it shall be subject to a fine of five hundred dollars in every case; to be recovered in any court having jurisdiction, by presentment, information or indictment. One-half of such fine shall be paid to the informer or prosecutor, and the balance to the commonwealth, according to the provisions of the forty-third chapter of the Code (edition of eighteen hundred and sixty): provided, that the board of public works, in order to secure the transportation of salt, and of fuel for the salt furnaces, may, in their discretion, exempt, for such period of time as said board may order, the Virginia and Tennessee rail road from the provisions of this act.

Commencement

5. This act shall be in force from its passage.

CHAP. 34.—An ACT to authorize the Governor to hire Free Negro and other Convicts to work in Coal-pits.

Passed October 31, 1863.

When governor may hire free negro and slave convicts

1. Be it enacted by the general assembly, that it shall be lawful for the governor of this commonwealth to hire the free negro and slave convicts at any time in the penitentiary, to the owners of coal-pits, to work in said pits in any county of this state, and the money arising therefrom to pay into the public treasury to the credit of the penitentiary.

When white convicts

2. Be it further enacted, that the governor shall also be authorized to hire, to work in said coal-pits, as many able-bodied white male convicts in said penitentiary as can be spared from the workshops therein, not exceeding one hundred and fifty: the proceeds of such hire to be paid into the public treasury to the credit of the penitentiary, monthly or quarterly, as to the governor may seem proper.

Governor to stipulate for safe keeping and return of convicts

3. Be it further enacted, that it shall be the duty of the governor, in making contracts with the owners of coal-pits, to provide for the safe-keeping and return to the penitentiary of convicts hired under the provisions of this act.

Commencement

4. This act shall commence and be in force from its passage.

CHAP. 35.—An ACT to amend and re-enact the act passed March 11th, 1863, in relation to the unnecessary Consumption of Grain by Distillers and other Manufacturers of Spirituous and Malt Liquors.

Passed October 31, 1863.

Act of 1863 amended

Be it enacted by the general assembly, that the act passed March eleventh, eighteen hundred and sixty-three, entitled an act to amend and re-enact an act entitled an act to amend and re-enact an act entitled an act to prevent the unnecessary consumption of grain by distillers and other manufacturers of spirituous and malt liquors, passed October second, eighteen hundred and sixty-two, be and the same is hereby amended and re-enacted so as to read as follows:

Distillation prohibited

Penalties

1. It shall not be lawful for any person hereafter to make or cause to be made any whiskey, or other spirituous or malt liquors, out of any corn, wheat, rye or other grain, or out of dried fruit, potatoes, sugar, molasses, sugar cane, molasses cane or sorghum; and any person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined for every offence not less than one hundred dollars nor more than five thousand dollars, and be subject to imprisonment in the county jail not exceeding twelve months, at the discretion of the court.

No contracts to be executed

2. No person, firm or company shall hereafter execute, in whole or in part, any contract, heretofore or hereafter made with the confederate government, or with any agent of said government, for making or causing to be made any whiskey or other ardent spirits within this state; and all such contractors who shall violate this section, shall be deemed subject to all the penalties imposed by this and other acts against unlawful distillation.

Act to be published

3. The keeper of the rolls shall cause this act to be published in at least two newspapers in the city of Richmond for two weeks.

Commencement

4. This act shall be in force from its passage.

CHAP. 36.—An ACT to provide for the Payment of certain Claims against the Eastern Lunatic Asylum.

Passed October 23, 1863.

When demands may be paid

When auditor to issue warrant

1. Be it enacted by the general assembly of Virginia, that any person having any pecuniary demand against the Eastern lunatic asylum of this state, contracted prior to the first day of January
eighteen hundred and sixty-three, may present the same to the auditor of public accounts for payment thereof; and thereupon the said auditor, upon the certificate of the steward of said asylum, and upon other satisfactory evidence that any such demand is correct and ought to be paid, is hereby authorized and required to draw his warrant upon the treasury, payable out of any funds therein not otherwise appropriated, in favor of the person to whom such claim may appear to be justly due, and for the amount thereof.

Commencement

2. This act shall be in force from its passage.

CHAP. 37.—An ACT to supply Deficiencies in the Appropriation for the Support of the Central Lunatic Asylum.

Passed October 19, 1863.

Amount appropriated

Auditor to issue warrant

1. Be it enacted by the general assembly, that the auditor of public accounts be and he is hereby authorized to issue his warrant on the treasury for the sum of twenty-two thousand seven hundred and nineteen dollars and thirty cents, payable on the order of the directors of the Central lunatic asylum, in the manner provided by existing laws, to be applied for the support of the said institution, in addition to the annual appropriation for that purpose, for the fiscal year ending September thirtieth, eighteen hundred and sixty-three; and the said auditor is further authorized to issue his warrant in like manner for the sum of twenty-five thousand dollars, to be credited as a part of the entire sum which may be hereafter appropriated for the support of said asylum during the fiscal year ending September thirtieth, eighteen hundred and sixty-four.

Commencement

2. This act shall be in force from its passage.

CHAP. 38.—An ACT to provide Fuel and Lights for the Governor's House.

Passed October 27, 1863.

Governor reimbursed for lights, &c

1. Be it enacted by the general assembly, that the governor be authorized to issue his order on the auditor of public accounts, directing him to issue his warrant on the treasury, payable out of the civil contingent fund, for such sum as may reimburse him the amount actually expended for fuel and lights for the governor's house from the first day of October eighteen hundred and sixty-two to the passage of this act.

Lights, &c to be furnished governor's house

2. Be it further enacted, that the governor be authorized to issue, from time to time, his orders on the auditor of public accounts, directing him to issue his warrants on the treasury, payable out of the civil contingent fund, in favor of the persons entitled thereto, for such sums as may be hereafter necessary to procure fuel and lights for the governor's house.

Commencement

3. This act shall be in force from its passage until six months after the ratification of a treaty of peace between the United States and the Confederate States.

CHAP. 39.—An ACT for the Relief of William F. Ritchie, Public Printer.

Passed October 23, 1863.

Amount appropriated

Items

1. Be it enacted by the general assembly, that the auditor of public accounts be and he is hereby authorized to issue his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of William F. Ritchie, public printer, or his legal representative, for the sum of ten thousand eight hundred and seventy-nine dollars and sixty cents: four thousand three hundred and fifty-two dollars and eighty-three cents of said sum being the
amount of actual loss on the public printing for the house of delegates since January eighteen hundred and sixty-two; two thousand two hundred and nineteen dollars and fifty cents of said sum being the actual loss for printing five hundred volumes of fifth Leigh's Reports; and four thousand three hundred and seven dollars and twenty-seven cents of said sum being twenty per centum profit on the actual cost of said printing.

Commencement

2. This act shall be in force from its passage.

CHAP. 40.—An act to authorize the Auditor to pay the Funeral Expenses of Israel Robinson, late Delegate from Berkeley County.

Passed October 30, 1863.

Amount appropriated

1. Be it enacted by the general assembly, that the auditor of public accounts is hereby directed to draw his warrant upon the treasury, payable out of any money therein not otherwise appropriated, in favor of John A. Belvin, for four hundred and eighty-one dollars, being the amount of the funeral expenses of Israel Robinson, late delegate from the county of Berkeley.

Commencement

2. This act shall be in force from its passage.

PRIVATE OR LOCAL ACTS.
CHAP. 41.—An ACT to incorporate the Confederate Savings and Insurance Company of Petersburg.

Passed October 7, 1863.

Company incorporated

1. Be it enacted by the general assembly of Virginia, that the persons who shall, as hereafter mentioned, become subscribers to the capital stock hereby created, are hereby created and declared to be a body politic and corporate, by the name and style of The Confederate Savings and Insurance Company of Petersburg; and by that name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded in all courts in this state and elsewhere; and have a common seal, and the same to alter and renew at their pleasure; to make and ordain such ordinances and regulations, and generally to do every act and thing necessary to carry into effect this act, or to promote the object and designs of this corporation.

Capital

2. The capital stock of said company shall not be less than two hundred and fifty thousand dollars, to be divided into twenty-five hundred shares of one hundred dollars each, with power to increase the same to five hundred thousand dollars whenever a majority of stockholders in interest shall, in general meeting assembled, determine so to do.

How paid

3. The capital stock shall be paid as follows: twenty dollars on each share at the time of subscribing shall be paid to the commissioners herein after named, and the residue thereafter, as may be required by the president and directors.

Commissioners

4. Robert P. Stainback, John McIlwaine, Z. W. Pickrell, William R. Johnson, John P. Branch, Robert D. McIlwaine, J. M. Venable, T. T. Broocks and R. A. Young shall be commissioners, any three or more of whom, after giving notice thereof for ten days, shall open books in the city of Petersburg, to receive subscriptions to the capital stock of said company; which books shall not be closed in less than fifteen days, unless the capital stock be sooner subscribed. When it shall appear to the commissioners that fifty thousand dollars of the capital has been subscribed and paid, or secured to be paid, they shall call a general meeting of the stockholders at a certain time and place in said city, to organize said company. From the time of such meeting the subscribers or stockholders shall stand incorporated, unless in the said meeting it be otherwise determined. In this meeting the stockholders present (in person or by proxy), representing a majority of stock subscribed, shall proceed, under the inspection of the commissioners, to choose seven directors. The commissioners shall forthwith, upon the said election, pay over, as the directors may order, all moneys by them received from the subscribers to the capital stock of said company, and deliver up all books and papers in their hands concerning the same: provided, that no person shall vote in such meeting, unless he shall have paid to the commissioners, or some one of them, twenty dollars on every share by him subscribed.

Affairs, how managed

5. The affairs of the said company shall be managed by a president and seven directors, being stockholders (a majority of whom shall constitute a quorum), who shall continue in office one year from the time of their election, and until others are elected in their stead; to be chosen by ballot, by a majority of the stockholders present, in person or by proxy. Each stockholder shall be entitled to as many
votes at any meeting of the stockholders as he may hold shares in said company. The directors to be elected under this act at the first meeting of the company, shall continue in office until the first Thursday in October eighteen hundred and sixty-four, or until others are chosen in their place; on which first Thursday in October eighteen hundred and sixty four, and annually thereafter, there shall be a general meeting of the stockholders for the election of officers, and for such other business as may come before them. At the first meeting after every election the directors shall choose from amongst themselves, or the stockholders at large, a president, and allow him a reasonable compensation for his services; and in case of death, resignation or disqualification of the president, or any of the directors, the remaining directors may elect others to supply their places for the remainder of the term for which they were chosen.

Officers

6. The president and directors may appoint, and dismiss at their pleasure, a secretary, and such other officers as may be necessary for the transaction of the business of the company, and allow such compensation for their services as they may think reasonable, and may require such secretary or other officers to enter into bond for the faithful discharge of their duties.

Assignment

7. Every stockholder not in debt to the company may at pleasure, in person or by attorney, assign his stock on the books of the company, or part thereof, not being less than a whole share; but no stockholder indebted to the company shall assign or make a transfer of his stock or receive a dividend until such debt is paid, or secured to the satisfaction of the board of directors.

Insurance on vessels, &c.

8. The president and directors are authorized to make insurance upon vessels, freights, merchandise, specie, bullion, jewels, profits, commission, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interest, and to make all and every insurance connected with marine risks, and risks of transportation and navigation.

On dwellings, &c

9. To make insurance on dwellings, houses, stores and other property and merchandise, against loss or damage by fine.

On lives, &c

10. To make insurance on lives; to grant annuities; to guarantee the payment of notes, bonds and bills of exchange; and to make all kinds of contracts for the insurance of every description of property; to receive money on deposit, and to pay interest thereon, as may be advantageous to the stockholders; to provide for investments of the capital stock and other funds, in bank, state or other stocks; in the purchase of bonds issued by this or any other state, or of the Confederate States, and of bonds of any incorporated company; to lend money upon personal or real security; and to purchase or otherwise acquire, to have and to hold, to convey and to sell, any real or personal estate for the purpose of securing any debt or debts that may be due to them, and for their own use and convenience: provided always, that nothing in this act shall be construed to authorize said company to issue and put into circulation any note of the nature of a bank note, or to own more land than is necessary for an office building.

Policies

11. All policies of insurance and other contracts made by the said company, signed by the president and countersigned by the secretary, shall be obligatory on said company, and have the same effect as if said policies and contracts had been attested by a corporate seal.

Dividends

12. The president and directors may declare semi-annual or other dividends of the profits of the company, as they may deem proper; but no dividend shall be declared when, in the opinion of a majority of the board, the capital stock would be impaired thereby.

General meeting

13. The president and directors may at any time, when deemed necessary by them, call a general meeting of the stockholders; and any number of stockholders owning not less than one-fourth of the whole number of shares, may require the president and directors to call
such meeting; and on their refusal to do so, may themselves call such meeting, giving fifteen days' notice thereof in one or more of the newspapers published in the city of Petersburg.

Agents

14. The president and directors may appoint an agent in any of the cities, towns or counties of this state or elsewhere, to receive offerings for insurance, and for the transaction of such business of the company as may be confided to him.

Subject to Code

15. The corporation hereby created shall be subject to the provisions of the Code of Virginia, so far as the same are applicable to and not inconsistent with the provisions of this act; and this act shall be subject to alteration, amendment or repeal, at the pleasure of the general assembly.

Commencement

16. This act shall be in force from its passage.

CHAP. 42—An ACT incorporating the Home Insurance Company of the City of Petersburg.

Passed October 22, 1863.

Company incorporated

1. Be it enacted by the general assembly of Virginia, that John Rowlett, Joseph H. Cooper, John Enniss, J. Andrew White, Robert A. McKenney, David B. Dugger, John Stevenson, Carter R. Bishop, Augustine C. Butts, Alexander Donnan and James Kerr, and their associates and successors, who may hereafter become subscribers or stockholders, be and they are hereby constituted and made a body politic and corporate, under the name and style of The Home Insurance Company of Petersburg; and by that name shall have perpetual succession, and be able to sue and be sued, plead and be impleaded in all courts in this state and elsewhere; and to have a common seal, and the same to alter and renew at their pleasure; and to make and ordain such ordinances and regulations, and generally to do all such acts and things as may be necessary to carry into effect this act, and promote the object and design of this corporation.

Capital

2. The capital stock of said corporation shall not be less than one hundred thousand dollars, to be divided into shares of one hundred dollars each, with power to increase the same to a sum not exceeding five hundred thousand dollars, whenever a majority of the stockholders in interest shall in general meeting from time to time determine so to do.

How paid

3. The capital stock shall be paid as follows: ten dollars per share before or at the general meeting for the organization of the company, to the five associates herein first named, who are hereby appointed commissioners (any three of whom may act), and the residue thereafter, as may be required by the president and directors.

General meeting

4. Whenever it shall appear to the commissioners aforesaid that one hundred thousand dollars of the capital stock has been subscribed, and fifty thousand dollars thereof has been paid or secured to be paid, the said commissioners shall, by service of personal notice or otherwise, call a general meeting of the subscribers or stockholders at a certain time and place in said city, to organize said corporation. In such meeting the subscribers or stockholders shall proceed, under the inspection of the commissioners, to elect a president and five or more directors. The commissioners shall forthwith, after said election, pay over, as the president and directors may order, all moneys received by them from the subscribers to the capital stock of the company, and deliver up all books and papers in their hands concerning the same.

Affairs, how managed

5. The affairs of the corporation shall be managed by the president and five or more directors, being stockholders (a majority of whom shall constitute a quorum), who shall be chosen by the stockholders in general meeting, and continue in office for one year, or until others are elected in their stead; and in case of the death, resignation
or disqualification of the president or any of the directors, the remaining members of the directory shall elect others to fill the vacancies for the residue of the time for which they were chosen.

Quorum

6. In all general meetings of the stockholders a majority of all the stockholders in interest, being present in person or by proxy, shall constitute a quorum for the transaction of business. Each stockholder shall be entitled to as many votes as he may hold shares in said company. The stockholders in general meeting shall have power to fix the time and place of the annual meetings, and to prescribe the mode in which general meetings of the stockholders may be called by the directory, and the manner in which the stockholders shall be notified of all meetings of their body. The stockholders shall determine and fix the compensation of the president.

Officers

7. The president and directors may appoint, and dismiss at their pleasure, a secretary, and such other officers as may be necessary for the transaction of the business of the company, and allow such compensation for their services as they may deem reasonable, and may require such secretary and other officers to enter into bonds with security for the faithful discharge of their duties.

Assignment

8. Every stockholder not in debt to the company may, subject to such regulations and upon such terms as the stockholders may prescribe, in person or by attorney, assign his stock or any number of his shares on the books of the company; but no stockholder indebted to the company shall assign or make a transfer of his stock, or receive a dividend until such debt is paid or secured to the satisfaction of the board of directors.

Insurance on vessels, &c

9. The president and directors are authorized to make insurance upon vessels, freights, merchandise, specie, bullion, jewels, profits, commissions, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interests, and to make all and every insurance connected with marine risks and risks of transportation and navigation.

On dwellings, &c

10. To make insurance on dwellings, houses, stores and other kinds of buildings, and upon household furniture and other property and merchandise, against loss or damage by fire.

On lives, &c

11. To make insurance on lives; to grant annuities; to guarantee the payment of notes, bonds and bills of exchange, and to make all kinds of contracts for the insurance of every description of property.

Investments

12. The president and directors shall have power to invest the capital stock and other funds of the company, in bank, state or other stocks, in the purchase of bonds issued by this or any other state, or of the Confederate States, or by any incorporated company; to lend money upon personal or real security; and to purchase or otherwise acquire, to have and to hold, and convey and sell any real or personal estate, for the purpose of securing any debt or debts that may be due them, and for their own use and convenience.

Policies of insurance

13. All policies of insurance and other contracts made by the said company, signed by the president and countersigned by the secretary, shall be obligatory upon the said company, and have the same effect as if the said policies and contracts had been attested by a corporate seal.

Dividends

14. The president and directors may declare semi-annual or other dividends of the profits of the company, as they may deem proper; but no dividend shall be declared when, in the opinion of the majority of the board, the capital stock would be impaired thereby.

General meeting

15. The president and directors may, at any time when deemed necessary by them, call a general meeting of the stockholders; and any number of the stockholders, owning not less than one-fourth of the whole number of shares, may require the president and directors to call such meeting; and on their refusal to do so, may themselves call such meeting, by giving fifteen days' notice thereof in one or more of the newspapers published in the city of Petersburg.

Agent

16. The president and directors may appoint an agent in any of the cities, towns or counties of this state or elsewhere to receive offerings for insurance, and for the transaction of such business of the company as may be confided to him.

Subject to Code

17. The corporation hereby created shall be subject to the provisions of the Code of Virginia, as far as the same are applicable to and not inconsistent with the provisions of this act; and this act shall be subject to alteration, amendment or repeal, at the pleasure of the general assembly.

1. Be it enacted by the general assembly of Virginia, that William R. Johnson, T. T. Broocks, Z. W. Pickrell, S. A. Plummer, J. B. Wilson, Joseph E. Venable, R. D. McIlwaine, John McNecee. John McIlwaine and E. A. Broadnax, and their associates and successors, who may hereafter become subscribers or stockholders, be and they are hereby constituted and made a body politic and corporate, under the name and style of The Southern Insurance and Savings Society of Petersburg; and by that name shall have perpetual succession and be able to sue and be sued, plead and be impleaded in all courts in this state and elsewhere; and to have a common seal, and the same to alter and renew at their pleasure; and to make and ordain such ordinances and regulations, and generally to do all such acts and things as may be necessary to carry into effect this act, and promote the object and design of the corporation.

Capital stock

2. The capital stock of said company shall not be less than two hundred thousand dollars, to be divided into shares of one hundred dollars each, with power to increase the same to a sum not exceeding one million of dollars, whenever a majority of the stockholders in interest shall in general meeting from time to time determine so to do.

3. The capital stock shall be paid as follows: twenty dollars per share before or at the general meeting for the organization of the company, to the five associates herein first named, who are hereby appointed commissioners (any three of whom may act), and the residue thereafter as may be required by the president and directors.

General meeting

4. Whenever it shall appear to the commissioners aforesaid that two hundred thousand dollars of the capital stock has been subscribed, and forty thousand dollars thereof has been paid to them in cash, the said commissioners shall, by service of personal notice or otherwise, call a general meeting of the subscribers or stockholders at a certain time and place in said city, to organize said corporation. In such meeting the subscribers or stockholders shall proceed, under the inspection of the commissioners, to elect a president and four directors. The commissioners shall forthwith, after said election, pay over, as the president and directors may order, all moneys received by them from the subscribers to the capital stock of the company, and deliver up all books and papers in their hands concerning the same.

Affairs, how managed

5. The affairs of the corporation shall be managed by the president and four directors, being stockholders (a majority of whom shall constitute a quorum), who shall be chosen by the stockholders in general meeting, and continue in office for one year, and until others are elected in their stead; and in case of the death, resignation or disqualification of the president or any of the directors, the remaining members of the directory shall elect others to fill the vacancies for the residue of the term for which they were chosen.

Quorum

6. In all general meetings of the stockholders a majority of all the
stockholders in interest, being present in person or by proxy, shall constitute a quorum for the transaction of business. Each stockholder shall be entitled to as many votes as he may hold shares in said company. The stockholders in general meeting shall have power to fix the time and place of the annual meetings, and to prescribe the mode in which general meetings of the stockholders may be called by the directory, and the manner in which the stockholders shall be notified of all meetings of their body. The stockholders shall determine and fix the compensation of the president.

Officers

7. The president and directors may appoint and dismiss at their pleasure, a secretary, and such other officers as may be necessary for the transaction of the business of the company, and allow such compensation for their services as they may deem reasonable, and may require such secretary and other officers to enter into bonds with security for the faithful discharge of their duties.

Assigament

8. Every stockholder not in debt to the company may, subject to such regulations and upon such terms as the stockholders may prescribe, in person or by attorney, assign his stock, or any number of his shares, on the books of the company; but no stockholder indebted to the company shall assign or make a transfer of his stock or receive a dividend, until such debt is paid or secured to the satisfaction of the board of directors.

Insurance on vessels, &c

9. The president and directors are authorized to make insurance upon vessels, freights, merchandise, specie, bullion, jewels, profits, commissions, bank notes, bills of exchange, and other evidences of debt, bottomry and respondentia interests, and make all and every insurance connected with marine risks and risks of transportation and navigation.

On dwellings, &c

10. To make insurance on dwellings, houses, stores and other kinds of buildings, and upon household furniture and other property and merchandise, against loss or damage by fire.

On lives, &c

11. To make insurance on lives; to grant annuities; to guarantee the payment of notes, bonds and bills of exchange; and to make all kinds of contracts for the insurance of every description of property; to receive money on deposit, and to pay interest thereon, as may be advantageous to the stockholders; to provide for the investment of funds of the company, in bank or other stocks; in the purchase of bonds issued by this or any other state or of the Confederate States, and of bonds of any incorporated company; to lend money upon personal or real security; and to purchase or otherwise acquire, to have and to hold, to convey and sell any real or personal estate for the purpose of securing any debt that may be due them, and for their own use and convenience: provided, that said company shall not issue or circulate any note of the nature of a bank note.

Policies

12. All policies of insurance and other contracts made by the said company, signed by the president and countersigned by the secretary, shall be obligatory on said company, and have the same effect as if the said policies and contracts had been attested by a corporate seal.

Dividends

13. The president and directors may declare semi-annual or other dividends of the profits of the company, as they may deem proper; but no dividend shall be declared when, in the opinion of a majority of the board, the capital stock would be impaired thereby.

General meeting

14. The president and directors may at any time, when deemed necessary by them, call a general meeting of the stockholders; and any number of stockholders owning not less than one-fourth of the whole number of shares, may require the president and directors to call such meeting; and on their refusal to do so, may themselves call such meeting, giving fifteen days' notice thereof in one or more of the newspapers published in the city of Petersburg.

Agent

15. The president and directors may appoint an agent in any of the cities, towns or counties of this state or elsewhere, to receive
offerings for insurance, and for the transaction of such business of the company as may be confided to him.

Subject to Code

16. The corporation hereby created shall be subject to the provisions of the Code of Virginia, so far as the same are applicable to it, and not inconsistent with the provisions of this act; and this act shall be subject to alteration, amendment or repeal, at the pleasure of the general assembly.

Commencement

17. This act shall be in force from its passage.

CHAP. 44.—An ACT to amend the Charter of the Merchants Insurance Company of Richmond.

Passed October 28, 1863.

Act amended

1. Be it enacted by the general assembly, that the second section of the act passed December the eighteenth, eighteen hundred and fifty-five, entitled an act to incorporate the Merchants insurance company in the city of Richmond, be and the same is hereby amended and re-enacted so as to read as follows:

Capital

Stock, how assignable

“§ 2. The capital of the said corporation shall not be less than fifty thousand dollars nor more than three millions of dollars. The par value of the shares shall be twenty-five dollars each; and holders, of certificates of stock shall be entitled to new certificates, embracing double the number of shares their face calls for. From time to time the board of directors of the said corporation may order books of subscription to be opened to the capital stock thereof; and such books of subscription shall be opened on the day so ordered; and the said books of subscription may at any time be closed, after giving twenty days' previous notice of such closing, in at least two of the newspapers published in the city of Richmond. The stock of the said corporation shall be assignable and transferable, according to such rules and subject to such restrictions and regulations as the board of directors shall make and establish; but in case the said corporation shall have any demand or claim against any stockholder thereof, whether such claim is due or to become due at any future period, such stockholder shall not be entitled to make such transfer, sale or conveyance of his or her stock in said corporation, or to receive any dividend thereon, until such claim or demand shall be paid or secured to be paid to the satisfaction of the board of directors: and unless such demand shall be paid or secured to be paid satisfactorily as aforesaid, within ninety days after the same shall have become due, then such stock of any such debtor, or so much thereof as shall be sufficient for that purpose, may be sold by the said corporation, under the direction of, and in such manner as the directors for the time being may think most advisable; and the proceeds thereof shall be applied towards the satisfaction of such claim or demand.”

Commencement

2. This act shall be in force from its passage.

CHAP. 45—An ACT to incorporate the Catharine Furnace Company in the County of Spotsylvania.

Passed January 25, 1863.

Company incorporated

1. Be it enacted by the general assembly of Virginia, that George B. Scott, J. Warren Slaughter, Charles C. Wellford, A. Alexander Little and C. B. Wellford, and such other persons as may be hereafter associated with them (any four of whom may own the whole capital stock), shall be and are hereby incorporated and made a body politic and corporate, by the name and style of The Catharine Furnace Company, for the purpose of mining iron ore, and of working and smelting the same into pig iron or otherwise, and also for the purpose of manufacturing iron in all its branches and uses, in said
county of Spotsylvania, and of transporting to market and selling iron ores or other products of their mine and manufactory; and of transacting the usual business of companies engaged in mining and manufacturing, and transporting to market and selling the products of their mines and manufactory.

Delegated powers

2. The said company and their successors are hereby invested with all the rights, privileges and powers, and make subject to all the restrictions and regulations now provided by law for the general regulation of bodies politic and corporate, and of the mining and manufacturing companies of the commonwealth, so far as the same may apply to and are not inconsistent with the provisions of this act.

Capital

3. Be it further enacted, that the capital stock of said company shall not be less than forty thousand dollars nor more than two hundred thousand dollars, to be divided into shares of one thousand dollars each; and the said company shall have the right to purchase and to hold land not exceeding ten thousand acres.

Commencement

4. This act shall be in force from the passage thereof, and shall be subject to any amendment, alteration or modification, at the pleasure of the general assembly.

CHAP. 46.—An ACT to incorporate the Petersburg Iron Works.

Passed February 4, 1862.

Company incorporated

1. Be it enacted by the general assembly of Virginia, that William T. Joynes, Charles O. Sanford, William E. Hinton, A. G. McIlwaine, Robert D. McIlwaine, Joseph B. Dunn, John G. Dunn, Joseph H. Cooper, James H. Cox, Thomas H. Wynne, Lemuel Peebles, John Alfriend, N. F. Rives, and their associates, be and they are hereby constituted a body corporate, for the purpose of manufacturing engines, cars, agricultural and other implements, and machinery generally, under the name and style of The Petersburg Iron Works; under which name they shall be entitled to all the rights and privileges of a corporation, and be subject to the provisions of the Code of Virginia, and the acts amendatory thereof, as far as the same may be applicable, and not inconsistent with this act: provided, that the said corporation shall not hold at one time more than fifteen acres of land, of which five acres may be in the city of Petersburg, and ten acres in the county of Chesterfield.

Capital

2. The capital stock of said corporation shall be divided into shares of five hundred dollars each, and shall be in the aggregate not less than seventy-five thousand dollars nor more than three hundred thousand dollars.

How organized

3. It shall not be necessary to open books of subscription for the stock of said company; but it shall be lawful for the parties hereby incorporated to proceed at once to organize the same; and the organization shall be as valid in all respects as if the same proceedings were had as are required by the Code.

General meeting

4. Any general meeting of the stockholders after the first may be called upon such notice as may be prescribed by the by-laws of said corporation: provided the same shall be a notice of not less than ten days.

Commencement

5. This act shall be in force from its passage.

CHAP. 47.—An ACT to incorporate the Union Manufacturing Company in the County of Fluvanna.

Passed October 30, 1862.

Company incorporated

1. Be it enacted by the general assembly of Virginia, that James Magruder, Dudley Boston, H. J. Magruder, — King and B. H. Magruder, and such other persons as may hereafter be associated
with them, or any of them, be and they are hereby incorporated and made a body politic and corporate, under the name and style of The Union Manufacturing Company, for the purpose of manufacturing wool, cotton, flour, tobacco, leather, iron and other articles, at Union mills, in the county of Fluvanna; and are invested with all the rights, privileges and powers conferred upon such bodies politic, and subject to all the restrictions and limitations contained in the Code of Virginia, so far as the same are applicable to and not inconsistent with the rights and powers hereby conferred, or modified by the provisions of this act.

Capital

2. The capital stock shall be not less than fifty thousand dollars nor more than one hundred thousand dollars, to be divided into shares of one hundred dollars, four-fifths of which shall never be owned by less than four shareholders; and it shall be lawful for the commissioners herein after named to open books of subscription for raising the said capital stock, at such times and places as they may designate.

Powers

3. The said company shall have power to purchase, hold and possess land, not exceeding three hundred acres at any one time.

Commissioners

4. The parties named in the first section of this act, or any three of them, are hereby appointed commissioners to carry out the provisions of this act.

Commencement

5. This act shall be in force from its passage, and shall be subject to amendment, modification or repeal, at the pleasure of the general assembly.

CHAP. 48.—An ACT to incorporate the Old Dominion Trading Company of the City of Richmond.

Passed March 25, 1863.

Company incorporated

1. Be it enacted by the general assembly of Virginia, that A. Morris, P. C. Williams, William G. Payne, D. O. Huffard and E. D. Keeling, together with such other persons as are now connected with them, under the name and style of The Old Dominion Trading Company of the City of Richmond, be and the same are, together with their successors and assigns, hereby made and constituted a body corporate, under the said name and style of the Old Dominion trading company of the city of Richmond, for the purpose of owning, navigating and freighting ships and other vessels engaged in foreign and domestic commerce, trading from the ports of the Confederate States of America, and with powers to purchase and sell and otherwise deal in the products and commodities so freighted.

Capital

2. The capital stock of the said company shall not be less than one hundred thousand dollars nor more than one million of dollars, and shall be held in shares of five thousand dollars each. The affairs of the company shall be managed by a president and board of directors, whose term of office and their number shall be determined and elected by the stockholders; and the said board of directors shall possess all the corporate powers of the company: provided, that the said company shall be subject to such general laws as may affect corporations of this character.

Commencement

3. This act shall be in force from its passage, and shall be subject to repeal, modification or amendment, at the pleasure of the general assembly.

CHAP. 49.—An ACT to amend and re-enact an act entitled an act to incorporate the Old Dominion Trading Company, passed March 25th, 1863.

>Passed October 3, 1863.

Act amended

1. Be it enacted by the general assembly of Virginia, that an act passed twenty-fourth March eighteen hundred and sixty-three, entitled
an act to incorporate the Old Dominion trading company, be amended and re-enacted so as to read as follows:

Powers of company

“A. Morris, P. C. Williams, William G. Payne, D. O. Huffard and E. D. Keeling, together with such other persons as are now connected with them, under the name and style of The Old Dominion Trading Company of the City of Richmond, be and the same are, together with their successors and assigns, hereby made and constituted a body corporate, under the said name and style of the Old Dominion trading company of the city of Richmond, for the purpose of owning, navigating and freighting ships and other vessels engaged in foreign and domestic commerce, trading from the ports of the Confederate States of America, and with powers to purchase and sell and otherwise deal in the products and commodities so freighted.

Capital

The capital stock of said company shall not be less than one hundred thousand dollars nor more than two millions of dollars, and shall be held in shares of five hundred dollars each. The affairs of the company shall be managed by a president and board of directors, whose term of office and their number shall be determined and elected by the stockholders; and the said board of directors shall possess all the corporate powers of the company: provided, that the said company shall be subject to such general laws as may affect corporations of this character.”

Commencement

2. This act shall be in force from its passage, and shall be subject to repeal, modification or amendment, at the pleasure of the general assembly.

CHAP. 50.—An ACT to amend and re-enact the 3d section of an act to incorporate the James River Canal Packet Company, passed March 16th, 1863.

Passed September 28, 1863.

Act amended

1. Be it enacted by the general assembly of Virginia, that the third section of an act entitled an act to incorporate the James river canal packet company, passed the sixteenth of March eighteen hundred and sixty, be amended and re-enacted so as to read as follows:

Capital increased

“§ 3. The capital stock of said company shall not be less than fifty thousand dollars nor more than three hundred thousand dollars, to be divided into shares of one hundred dollars each.”

Commencement

2. This act shall be in force from its passage.

CHAP. 51.—An ACT incorporating the Virginia Volunteer Navy Company.

Passed October 13, 1863.

Company incorporated

Powers

1. Be it enacted by the general assembly, that Samuel J. Harrison, Bacon and Baskervill, Dunlop, Moncure and Company, Joseph R. Anderson and Company, J. L. Apperson, R. H. Maury and Company, W. F. Waston, J. P. George, John Robin McDaniel, R. M. Crenshaw, Thomas Branch, D. B. Dugger, Thomas R. Price and Company, Matthew Bridges, William B. Jones and Company, William B. Isaacs, Bolling W. Haxall, and such other persons as are now or may be hereafter associated with them, shall be and are hereby incorporated and made a body politic and corporate, by the name and style of The Virginia Volunteer Navy Company, for the purpose of owning, procuring, arming, equipping, manning and running a vessel or vessels for the volunteer navy of the Confederate States, to cruise against the commercial or naval vessels of all enemies of the Confederate States wherever found, according to the provisions of the act of congress of the Confederate States, entitled an act to establish a volunteer navy, approved April eighteenth, eighteen hundred and sixty-three; and after the present war shall have closed, all vessels so owned may be employed in commercial enterprises, or otherwise disposed of, as the said company may determine.

Delegated powers

2. The said company and their successors are hereby invested with all the rights, privileges and powers, and made subject to the restrictions and regulations now provided by law for the general regulation of bodies politic and corporate, save so far as modified by the provisions of this act.

Capital

3. The capital stock of the said company shall consist of not less than one million nor more than ten millions of dollars, to be divided into shares of five hundred dollars each; and the said company having already had subscribed one million of dollars, and by regular election by the stockholders, the following persons have been elected president and directors of the said company until the first Monday in May eighteen hundred and sixty-four, to wit: Samuel J. Harrison as president, Robert Archer, J. L. Apperson, Thomas W. McCance and J. R. McDaniel as the directors, it is hereby enacted that the said persons shall be such president and directors of the said company until the data last mentioned, and until successors shall be elected by the stockholders of said company, on said first Monday in May eighteen hundred and sixty-four, or thereafter.

President and directors

4. The president of the said company shall be one of the directors, and the directors may consist of five or more, according to the wishes of the said company. In a meeting of stockholders each stockholder may in person or by proxy give the following vote on whatever stock he may hold in the same right, to wit, one vote for each share of such stock, whatever the number may be.

Increase of capital authorized

5. Books for subscription to increase the capital stock until it reaches the maximum of ten millions may be opened from time to time by the directors, who are hereby appointed commissioners for the purpose, and shall be kept open for thirty days on each occasion; and before closing the books, ten days previous public notice shall be given in two or more newspapers published in the city of Richmond.

Commencement

6. This act shall be in force from the passage thereof, but the general assembly may at any time amend or repeal the same.

CHAP. 52.—An ACT to reorganize the Board of Trustees for Bethany College.

Passed October 23, 1863.

Preamble

Whereas, the members of the board of trustees of Bethany college, an institution possessing valuable real estate and a large endowment fund, are many of them citizens of the United States, and others of them disloyal citizens of this state, of whom some are in the service of the enemy, and by reason of the occupation of Brooke county by the enemy, some loyal members of the board cannot attend sittings in that county, and there is reason to apprehend that that portion of said trustees accessible to the institution may take such action as may jeopard the rights and property of the institution and impair its usefulness: Therefore,

Directors

1. Be it enacted by the general assembly, that James W. Goss, R. L. Coleman, Charles W. Russell and Joseph H. Pendleton, members of the board of trustees of Bethany college, and such other loyal members of the board as are within the confederate military lines, shall be and are hereby constituted the board of trustees of Bethany college, on whom are conferred all the rights, duties, privileges and powers conferred by the charter of said college upon the board of trustees therein organized.

When and where meeting to be held

Powers

2. Be it further enacted, that the first meeting of the board constituted herein shall be held at the capitol in the city of Richmond, on Friday the thirtieth day of October eighteen hundred and sixty-three; and at such meeting any three or more of said trustees may constitute a quorum; and they may proceed at that or any subsequent meeting to fill all vacancies that may occur in the board, and
may declare vacant the place of any member not within said lines: provided, that no person shall be elected a member of said board who is not a citizen of the Confederate States. They shall elect from their number a president pro tempore. Should the first meeting provided for by this act fail from any cause to take place, then it shall be lawful for any two of the trustees herein named to designate such other time and place as they may deem proper, giving notice thereof for one week in some newspaper published in the city of Richmond; and further meetings of the board shall be held at such times and places as the majority may determine; or the president pro tempore, upon the request in writing of three members of the board, may fix such time and place of meeting. Notice of meetings may be given in such manner as the board may prescribe.

Commencement

3. This act shall be in force from its passage.

CHAP. 53.—An ACT to incorporate the Virginia Female Institute of the City of Richmond.

Passed November 2, 1863.

Company incorporated

1. Be it enacted by the general assembly, that Olof A. Erricson, James Gordon, Charles H. Read, Robert A. Lancaster, Patteson Fletcher, S. P. Christian and Alexander Garrett, and their successors, be and they are hereby constituted a body politic and corporate, under the name and style of The Virginia Female Institute; and by that name shall have perpetual succession and a common seal, and may sue and be sued, implead and be impleaded in any court of law or equity within this state. The said Virginia female institute shall be capable in law to receive, hold and dispose of real and personal property, in order to carry out the purposes of its incorporation.

How managed

2. The said Virginia female institute shall be under the control and management of the said trustees and their successors, who shall appoint a treasurer and all necessary officers and professors, and make such rules and regulations for the government of the institution as to them shall seem meet, not inconsistent with the laws of this state, or of the Confederate States. A majority of the trustees shall constitute a quorum for the transaction of business; and any vacancy or vacancies in the said board of trustees, occasioned by death, resignation or otherwise, shall be supplied by appointment by the remaining trustees; and they may remove any member of their body, two-thirds of the whole number being present and concurring.

Duties of treasurer

3. The treasurer shall receive all moneys accruing to the institute and property delivered to his care, and shall pay or deliver the same to the order of the board of trustees. Before entering upon the discharge of his duties, he shall give bond with such security and in such penalty as the board may direct, made payable to the trustees for the time being, and their successors, and conditioned for the faithful performance of the duties of his office, under such rules and regulations as the board may adopt.

4. The board of trustees, in connection with the president and professors of the institute, shall have power to confer such diplomas and literary titles as they may think best calculated to promote the cause of female education.

Commencement

5. This act shall be in force from its passage.

CHAP. 54.—An ACT to amend the Charter of the Bank of Rockbridge.

Passed October 31, 1863.

Act amended

1. Be it enacted by the general assembly, that the sixth, seventh, eighth, ninth, tenth and eleventh sections of the act passed on the twenty-first day of March eighteen hundred and fifty-two, entitled
an act incorporating the Bank of Rockbridge, be and the same are hereby repealed.

Expiration of charter

2. That the charter of said bank shall continue and be in force until the twenty-first day of March eighteen hundred and seventy-two.

Duty of treasurer

3. The treasurer of the state may retransfer to the said bank the certificate of debt of the state now held by him in trust for the purposes of said bank, or any part thereof, upon receiving and canceling an equal amount of the notes of said bank, countersigned by him; and if the notes of said bank, so countersigned by him, have been so far returned and canceled as that the amount outstanding shall not exceed the sum of five thousand dollars, the said treasurer may retransfer the residue of said certificates or guaranteed bonds to said bank, upon receiving from at least five of the stockholders thereof with at least five good and sufficient securities, to be approved by him, a joint and several bond, payable to the commonwealth of Virginia, in a penalty equal to at least three times the amount of such outstanding notes, and conditioned to pay the same, on demand, at the place of business of said bank, or of either of the obligors therein; which bond shall be recorded in the manner prescribed in the fourth section of chapter one hundred and eighty-six of the Code of Virginia, and shall have the force of a judgment; and for every breach of the conditions thereof, execution may be issued, upon ten days' notice of the application therefor, in the name of the commonwealth, for the benefit of the holders of any such outstanding unredeemed notes, for the amount thereof and costs.

Notes

4. The bank shall not issue and pay out any notes for circulation, except of the denomination of five dollars, ten dollars, or some multiple of ten.

Quarterly statements

5. Every quarterly statement of this bank shall, in addition to the information which the Code of Virginia requires to be made, also exhibit the aggregate debt due by the bank, the outstanding debts due the bank, its discount of island and foreign bills of exchange, its loans to directors, its specie circulation and deposits, on the first day of each month of the quarter it embraces.

Board of directors

6. The board of directors shall consist of not more than nine nor less than seven, as the stockholders may direct.

7. Provided, that nothing in this act contained shall debar the Bank of Rockbridge of the privileges contained in an act passed March twenty-ninth, eighteen hundred and sixty-two, entitled an act to provide a currency of notes of less denomination than five dollars.

Commencement

8. This act shall commence and be in force from and after the time when the provisions have been approved by the stockholders in said bank, convened in general meeting, at any time before the tenth day of January eighteen hundred and sixty-four, and such approval shall have been made and certified by the president and cashier of said bank to the governor of the commonwealth.

CHAP. 55.—An ACT to repeal so much of the act passed February 15th, 1853, as exempts the White Male Citizens of the County of King George, of forty-five years and upwards, from working on the Public Roads in that County.

Passed October 13, 1863.

Act amended

1. Be it enacted by the general assembly, that so much of the act passed February fifteenth, eighteen hundred and fifty-three, as exempts the white male citizens of the county of King George, of the age of forty-five years and upwards, from working on the public roads in said county, be and the same is hereby repealed.

Commencement

2. This act shall be in force from its passage.

CHAP. 56.—An ACT authorizing the County Court of Washington to dispense with the Law of Enclosures in said County.

Passed October 31, 1863.

Powers of court

1. Be it enacted by the general assembly of Virginia, that the county court of the-county of Washington shall have power, all the justices having been summoned, and a majority thereof being present, to dispense with the existing laws in regard to enclosures, so far as their county may be concerned, or such parts thereof, to be described by metes and bounds, as in their discretion they may deem it expedient to exempt from the operation of such law.

Trespass

2. If any horses, mules, cattle, hogs, sheep or goats, or any animal of either of the preceding classes, shall enter into any grounds in the county of Washington, in which the existing law of enclosures has been repealed as aforesaid, the owner or manager of any such animal shall be liable to the owner or occupier of such grounds for any damages arising from such entry. For every succeeding trespass by such animal, the owner thereof shall be liable for double damages; and after having given at least five days' notice to the owner or manager of such animal of two previous trespasses, the animal shall be forfeited to the overseers of the poor, for the benefit of the poor, if it be found again trespassing on said grounds.

Repealing clause

3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Commencement

4. This act shall be in force from its passage.

CHAP. 57.—An ACT for the relief of William E. Gaskins and James H. Gaskins.

Passed September 29, 1863.

Preamble

Whereas, by virtue of a written instrument in the nature of a rent charge and mortgage, executed on the twentieth day of November seventeen hundred and ninety, by one Cuthbert Bullett to the overseers of the poor of Prince William county, and of record in the county court of Fauquier, a lien was created on certain real estate situate in said county of Fauquier, now the property of William E. Gaskins and James H. Gaskins of said last mentioned county, by purchase from the heirs of said Bullett, said lien being intended to secure a debt of eight hundred and eighty-five pounds, with interest at the rate of five per centum per annum, payable annually, from the date aforesaid, to said overseers of the poor, and their successors, for the purposes in said deed specified; which interest has been paid in full up to the twentieth day of November eighteen hundred and sixty: And whereas the said William E. Gaskins and James H. Gaskins are desirous to remove said lien, by payment of the amount thereof, principal and interest, as by the terms of said instrument they are specially authorized to do, but which they are unable to do by reason of the continued occupancy of said county of Prince William by the public enemy:

Amount appropriated

1. Be it enacted by the general assembly, that it shall be lawful for the second auditor to receive of the said William E. Gaskins and James H. Gaskins, or either of them, the sum of twenty-nine hundred and fifty dollars, with interest thereon at the rate of five per centum from the twentieth day of November eighteen hundred and sixty, to be applied to the credit of the literary fund; and that upon the payment thereof, the attorney general shall execute and deliver to the said William E. Gaskins and James H. Gaskins, their heirs and assigns, a deed of release and reconveyance of the real estate in said instrument of writing described; which deed, when so executed and delivered, shall be effectual to extinguish said lien.

Funds, how held

2. The fund thus received shall be held by the second auditor as part of the literary fund, and shall be by him invested, and its income
applied to the use and benefit of the school commissioners of Prince William county, who shall receive, apply and account for the same, as directed by an act of the general assembly passed on the third day of February eighteen hundred and nineteen, entitled an act concerning the school commissioners of Prince William.

Commencement

3. This act shall be in force from its passage.

CHAP. 58.—An ACT to enlarge the powers of the Common Council of the City of Petersburg.

Passed October 16, 1863.

Powers of council

1. Be it enacted by the general assembly, that the council of the city of Petersburg be and the same is hereby authorized to suppress riots and unlawful assemblies in the said city; to suppress gaming and gambling houses, tippling and tippling houses, and to prevent or regulate the sale of spirituous and fermented liquors within the said city, and around the same to the boundaries to which the jurisdiction of its corporation court or officers of police extends in criminal cases. And for the purposes of extending the powers and authority hereby vested in said council, the said council may enact ordinances and impose penalties for the violation thereof, not exceeding five hundred dollars, and imprisonment not exceeding three months; may authorize and empower the proper officers and police of the city to seize such liquors sold or kept for sale, for the use of the city, and to shut up the houses in which such liquors are so sold or kept for sale, and arrest the persons who shall sell or keep for sale or purchase the said liquors in violation of the said ordinances, and hold them in custody until they shall give security for their good behavior, in such penalty, not exceeding one thousand dollars, as the justice before whom they are taken shall prescribe. And the said officers and police shall have the same powers and authority in discharging their duties under said ordinances, as state officers have in cases of breaches of the peace.

Armed police, &c

2. The said council may organize and establish an armed police, and appoint such officers thereof as to the council may seem expedient; and the said officers shall be accountable to and under the supervision and control of the council, or such other body or officer as the council may prescribe.

Commencement

3. This act shall be in force from its passage.

CHAP. 59.—An ACT authorizing the Board of Public Works, acting as a Board of Supervisors for the production and distribution of Salt, to modify the Contract of Lease between Stuart, Buchanan & Co. and Thomas R. Friend.

Passed October 16, 1863.

Preamble

Whereas, by a resolution adopted on the twenty-first day of September eighteen hundred and sixty-three, the board of public works, acting as a board of supervisors for the production and distribution of salt, have recommended to the general assembly to make some equitable modification of the terms of the contract of lease between Stuart, Buchanan and Company and Thomas R. Friend, assigned by the former to the state of Virginia:

Powers of board of public works

1. Be it therefore enacted, that the board of public works, acting as a board of supervisors for the production and distribution of salt, be and they are hereby authorized to make such modifications and alterations as may be just and equitable to both parties in the contract between Stuart, Buchanan and Company and Thomas R. Friend, bearing date the twenty-third day of August eighteen hundred and sixty-two, for the lease of the Findley furnace at the Smyth and
Washington county salt works, which said lease was assigned to the state of Virginia by the said Stuart, Buchanan and Company, in March eighteen hundred and sixty-three: provided, however, that such modifications and alterations be assented to by the said Thomas R. Friend.

Commencement

2. This act shall be in force from its passage.

CHAP. 60.—An ACT to repeal the act passed March 5th, 1862, entitled an act to authorize the issue of Registered Certificates of State Stock to Dr. Peter F. Brown, in lieu of two lost bonds.

Passed October 19, 1863.

Preamble

Whereas it appears to the general assembly that the two coupon bonds, the property of Doctor Peter F. Brown of Accomack county, referred to in the act passed on the fifth day of March eighteen hundred and sixty-two, entitled an act to authorize the issue of registered certificates of state stock to Doctor Peter F. Brown, in lieu of two lost bonds, have been recovered from the enemy: Therefore,

Act repealed

1. Be it enacted by the general assembly, that the act passed on the fifth day of March in the year one thousand eight hundred and sixty-two, entitled an act to authorize the issue of registered certificates of state stock to Doctor Peter F. Brown, in lieu of two lost bonds, be and the same is hereby repealed.

Commencement

2. This act shall be in force from its passage.

CHAP. 61.—An ACT allowing the Petersburg Iron Manufacturing Company to hold not more than twenty thousand acres of land at any one time.

Passed October 22, 1863.

Powers of company

1. Be it enacted by the general assembly, that it shall be lawful for the Petersburg iron works to establish and work one or more iron furnaces in any part of this state; and for this purpose, to acquire and hold not exceeding fifteen thousand acres of land in the counties of Botetourt and Alleghany, and not to hold more than twenty thousand acres in all at any one time.

Commencement

2. This act shall be in force from its passage, and be subject to alteration or amendment, at the pleasure of the general assembly.

CHAP. 62.—An ACT to authorize the Sale of Capon Springs.

Passed October 22, 1863.

Sale authorized

1. Be it enacted by the general assembly, that the trustees of Watsontown, generally known as the Capon springs (a majority of them consenting thereto), be and they are hereby authorized to sell at public or private sale, as they may think best, for the best price they can obtain, the land and lots vested in them by the acts of December twelfth, seventeen hundred and eighty-seven, March twentieth, eighteen hundred and forty-seven, March eighth, eighteen hundred and forty-nine, December fourteenth, eighteen hundred and forty-nine, and January eleventh, eighteen hundred and fifty: provided, however, in the sale and conveyance, that the purchaser shall permit the visitors frequenting the said springs to have free access to and the use of the mineral springs on the said lands, and of the pavilion, baths and other improvements erected by the said trustees, not charging for the use of the water or baths more than was at any time charged by the trustees; and if the trustees shall have sold any life tickets for the use of the water or baths, reserving to such persons the free use of the water and baths. And the trustees shall apply the proceeds of sale, first to pay the debt now due by them,
contracted in the construction of the improvements thereon, and the balance, if any, to the further improvement of the property, to be expended under the direction of Henry M. Brent, Philip Williams and Julius C. Waddle.

Commencement

2. This act shall be in force from its passage.

CHAP. 63.—An ACT to authorize the Sale and Transportation of Salt belonging to John N. Clarkson.

Passed October 30, 1863.

Salt, how transported

1. Be it enacted by the general assembly, that it shall be lawful for John N. Clarkson, superintendent of salt works, to sell any salt to which he has or may during the present year become entitled for the hire of slaves employed at Saltville, under contract made with Stuart, Buchanan and Company, or with the state of Virginia; and the board of public works is authorized to allow said Clarkson to transport said salt in such manner as may not conflict with the prior right of transportation now held by the state, or with the equal rights of other citizens.

Commencement

2. This act shall be in force from its passage.

CHAP. 64.—An ACT for the relief of Washington G. Singleton, Clerk of the District Court of the Sixth Judicial District.

Passed October 22, 1863.

Amount appropriated

1. Be it enacted by the general assembly, that the auditor of public accounts be and he is hereby authorized and required to issue his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of Washington G. Singleton, or his legal representatives, for the sum of one hundred and fifty dollars, in full of office rent and fees due said Singleton as clerk of the district court for the sixth judicial district for the year ending December eighteen hundred and sixty-two.

Commencement

2. This act shall be in force from its passage.

CHAP. 65—An ACT refunding to John Nunan part of a License Tax paid by him.

Passed October 30, 1863.

Auditor to issue warrant

1. Be it enacted by the general assembly, that the auditor of public accounts be and he is hereby authorized and directed to issue his warrant on the treasury, payable out of any money therein not otherwise appropriated, in favor of John Nunan, or his legal representatives, for the sum of forty dollars, being part of a license tax imposed for the distillation of ardent spirits, and which license privilege had been prohibited by law for the residue of the term for which he was so licensed.

Commencement

2. This act shall be in force from its passage.

RESOLUTIONS.
No. 1.—Preamble and Resolutions asserting the Jurisdiction and Sovereignty of the State of Virginia over her Ancient Boundaries.

Adopted October 8, 1863.

Whereas the general assembly of Virginia did, on the seventeenth day of January eighteen hundred and sixty-two, adopt the following preamble and resolution:

Preamble

“Whereas, the public enemy, invited by domestic foes, being in power in some of the counties of Virginia, where they are confiscating the property of loyal citizens, and otherwise oppressing them in a cruel manner: and whereas the traitors there, contemplating a division of this time-honored commonwealth, with the aid of the public enemy, have set up a pretended government over the same, which, under the force of circumstances, could not be prevented by the timely sending of an adequate military force: and whereas the legislature desires to reassure all loyal citizens throughout the commonwealth of their desire and intention to protect them: Therefore,

Resolved by the senate and house of delegates, that in no event will the state of Virginia submit to or consent to the loss of a foot of her soil; that it is the firm determination of the state, and known to be that of the confederate government, to assert and maintain the jurisdiction and sovereignty of the state of Virginia to the uttermost limits of her ancient boundaries, at any and at every cost.”

And whereas, since the passage of said resolution by the general assembly, the government of the United States, in pursuance of its settled purpose to override and destroy the separate existence of the states, has attempted to form a new state out of the state of Virginia, in contravention alike of the constitution of the United States and the constitution of the state of Virginia; and is upholding, by the power of her armies, certain evil-disposed and traitorous citizens of this state, who are leagued with the said United States in their nefarious and wicked purposes against the peace, welfare, institutions and integrity of Virginia: and whereas it is the fixed and unalterable intention of Virginia to maintain and assert her prerogative as set forth in said resolution of the last general assembly, and approved by the confederate congress, and to protect alike her citizens and her soil from the machinations of traitors within and enemies without: Therefore,

Purpose and determination of state

1. Resolved by the senate and house of delegates, that Virginia maintains, fixed and unalterable, the purpose and determination so clearly set forth in the resolution of the last general assembly, and that this general assembly cordially readopts and sanctions the same, and redeclares alike to her citizens and the world, that it is the firm determination of the state, and known to be that of the confederate government, to assert and maintain the jurisdiction and sovereignty of the state of Virginia to the uttermost limits of her ancient boundaries, at any and every cost.

Governor to transmit to congress

2. Resolved, that the governor be requested to send a copy of these resolutions, properly certified, to the congress of the Confederate States, to convene on the twenty-second of February eighteen hundred and sixty-four, for their approval.

No. 2.—Joint Resolution in relation to the Increase of Pay to Soldiers, and Commutation for Rations not furnished in kind.

Adopted October 21, 1863.

Increase of pay recommended

Resolved by the general assembly, that we instruct our senators and request our representatives in the confederate congress to use their best efforts to procure, at as early a day as practicable, the passage of a law giving increased compensation to the soldiers in the confederate army, and commutation for rations allowed by the Army Regulations, and not furnished in kind.

No. 3.—Joint Resolution defining what Commutation for Clothing is to be allowed to the Non-commissioned Officers and Privates of the Virginia State Line.

Adopted October 30, 1863.

Commutation for clothing

Resolved by the general assembly, that the non-commissioned officers and privates of the Virginia state line are entitled to the same commutation for clothing that is allowed by the Confederate States for the time being; that is to say, at the rate of fifty dollars per annum for such period of their service as is prior to October eighth, eighteen hundred and sixty-two, and at the rate of one hundred and thirty-four dollars and twelve cents per annum for such period of service as is subsequent to the eighth day of October eighteen hundred and sixty-two; and at said rates for any shorter period of service: the same to be allowed on the pay rolls, deducting therefrom the pay; also, if necessary, the price of all clothing actually issued in kind to each non-commissioned officer and private. The amount thereof to be certified by the company commandant or the quartermasters of the regiment or battalion to which the company belonged.

No. 4.—Joint Resolution directing the Paymaster of the Virginia Forces to suspend Payment of Commutation, &c.

Adopted October 8, 1863.

Suspension of commutation

Resolved by the senate and house of delegates, that the paymaster of the Virginia forces suspend all payments of commutation for clothing until the further order of the general assembly.

No. 5.—Joint Resolution concerning Commissioners of the Revenue.

Adopted October 23, 1863.

Districts to be numbered

1. Resolved by the general assembly, that it shall be the duty of every county and corporation court in this commonwealth, in whose county or corporation more than one commissioner of the revenue is now authorized by law, at the first court after the receipt or notification of this resolution, to designate by order of court each commissioner's district by number, commencing with number one, and continuing a successive enumeration until the whole number in the county authorized by law is completed. That such court also, through its clerk, report immediately to the auditor of public accounts the designation of the districts aforesaid, and the name of the present commissioner of the district so designated.

Designation of districts not to be changed

2. After such order of court shall be made, no change in the designation of the districts shall be made, unless the number of the districts shall be increased or diminished in the county or corporation.

No. 6.—Joint Resolution ratifying the Contract entered into between the Chairmen of the Joint Committee on Salt, and Stuart, Buchanan & Co and Charles Scott & Co.

Adopted October 29, 1863.

Ratification of contract

Be it resolved by the general assembly, that the contract made and entered into by Robert A. Coghill, chairman of senate committee, and James V. Brooke, chairman of house committee, with Stuart, Buchanan & Co. and Charles Scott & Co., bearing date the twenty-seventh day of October eighteen hundred and sixty-three, and providing for the sale and delivery by the last named parties of forty thousand bushels of salt to the state, in the words and figures following, to wit:

Contract for salt

Memorandum of a contract made and entered into by Robert A. Coghill, chairman of the senate committee, and James V. Brooke, chairman of the house committee—the two committees acting as a joint committee of the general assembly of Virginia on supply and distribution of salt—parties of the first part, and Stuart, Buchanan & Co. and Charles Scott & Co., parties of the second part:

Witnesseth, that said parties of the second part agree and covenant to sell to the commonwealth of Virginia forty thousand bushels of salt, to be delivered at their works at Saltville in the months of November and December eighteen hundred and sixty-three, and in daily installments; as near as reasonably may be, or as much faster as the said parties of the second part may desire: the salt to be subject to inspection, and actually inspected and made merchantable salt.

And the parties of the first part, acting on behalf of the state, do agree and covenant to pay to the said parties of the second part two dollars per bushel for said salt so delivered, on delivery, and to furnish the sacks for the same.

Use of trains for transportation

They also stipulate, on behalf of the state and of the board of public works, that the parties of the second part shall, during said two months, have the free and unrestricted use of all trains owned or hired by them, now on the rail road, and of any other trains not belonging to the Virginia and Tennessee rail road company, which they may introduce on the road, subject only to terms now made or to be made with the Virginia and Tennessee rail road company for the use of their roadways; and that the state and the board of public works shall not prevent the Virginia and Tennessee rail road company from hauling wood for said parties of the second part, next after the furnaces of the state of Virginia, when the said parties of the second part are without a sufficient wood train, if that should happen to be the case at any time before the first day of January next.

Abatement

And they further stipulate on behalf of the state, that the said parties of the second part shall be allowed a fair and reasonable abatement from their contract for delivery of salt, in the event of interruption of their work by incursion of the public enemy, and in proportion to the time or duration of such interruption.

Witness the hands of the parties this twenty-seventh day of October eighteen hundred and sixty-three.

—he and the same is hereby ratified and confirmed. R. A. COGHILL, Ch'n Senate Committee. JAS. V. BROOKE, Ch'n House Committee. STUART, BUCHANAN & Co. CHARLES SCOTT & Co.
No. 7.—Report of the Joint Committee on Salt, on a Communication from the Governor enclosing a Communication from the Governor of Georgia, in respect to Interruption in the transportation of Salt belonging to that State.

Adopted October 31, 1863.

Report in respect to interruption in transportation of salt belonging to the state of Georgia

To the General Assembly of Virginia—The joint committee, to whom has been referred the message of the governor of this commonwealth, inviting the attention of the general assembly to an accompanying “communication from the governor of Georgia, relative to supply of salt,” beg leave to report:

That they have had the subject therein referred to under careful consideration, and can find nothing in the character of the rules adopted by the board of public works, touching the transportation of salt, which would justify the conclusion that “our sister state of Georgia, has been shamefully treated,” or require the interposition of the general assembly to “rebuke it.”

Your committee appreciate very fully the importance as well as the propriety of cultivating relations of comity and kindness between the states of this Confederacy. Engaged as they are in a common struggle, and dependent, in great measure, upon the prevalence of a spirit of harmony and brotherhood for the ultimate triumph which they hope to achieve, it is the obvious policy of the several states to avoid, in their commercial intercourse, any measure which may lead to discord and discontent.

Nevertheless, your committee cannot consider it reasonable that this principle should be carried to such an extent as to absorb all other considerations.

It must be held in subserviency to the higher obligation, under which every government is laid, to provide specially for the safety and welfare of its own people: and tested by this standard, the conduct of the board of public works has been, in the opinion of your committee, entirely unexceptionable. For, while it would be gross illiberality in the authorities of the state of Virginia to deny to any of her sister states all proper facilities for sharing in the benefits to be derived from the production and distribution of an adequate supply of salt, it would be manifest injustice to her own people to permit the enjoyment of such privileges in such manner as to deprive them of advantages to which they are properly entitled.

As your committee understand the resolution adopted by the board of public works in relation to this subject, it provides, in substance, as follows: That foreign trains shall be permitted to run upon the rail roads of this commonwealth, upon condition that such trains shall transport the salt manufactured by states, when awaiting transportation, in preference to salt manufactured on private account, or for purposes of speculation.

The effect of this rule would seem to be, to insure to the people of the states interested in the production of salt, an adequate supply upon the most reasonable terms, and to protect them against the evils of speculation and extortion. It certainly cannot be regarded as improper that this state should require that trains of other states, after transporting the salt of such states, should transport for the state of Virginia before transporting the salt of private manufacturers, whose interest it is to sell at extortionate prices.

This rule, properly construed, does not give the state of Virginia any priority in the use of foreign trains over the state to which such trains belong. If such has been the result in any case, it must have been due to the uncertainty which attached to the true character of some of the enterprises purporting to be conducted on state account.

A repetition of such mistakes may be effectually prevented, by adopting such rules as will certainly fix the true relation which enterprises bear to the several states.

To accomplish this object, your committee submit the following resolution, and recommended its passage by the general assembly:

Order of priority for transportation

Resolved by the general assembly, that the power conferred by the act of March thirtieth, eighteen hundred and sixty-three, upon the superintendent of salt works, to control (under the control of the board of supervisors) transportation on the several rail roads of this commonwealth, for the conveyance of supplies to the salt works, &c., shall, so far as trains belonging to other states are concerned, be exercised so as to allow transportation by said trains in the following order of priority:

1st. To the transportation necessary for the Confederate States government.

2d. To the transportation necessary for the state owning or employing such trains, in the production and distribution of salt made by such state, for the supply of its own citizens, and not the subject of speculation. In ascertaining the true character of any of the works employed in the manufacture of salt, the certificate of the governor of any state, under the seal thereof, shall be regarded as unquestionable evidence of the facts stated therein.

3d. To the transportation necessary for the state of Virginia in the production and distribution of state salt.

4th. To the transportation necessary for private citizens or corporations of the state owning or employing said trains.

Your committee submit herewith a communication from the board of supervisors, and also a communication from Honorable B. H. Bigham, agent for Georgia.

To be transmitted to governor of Georgia

Resolved, that the governor be requested to transmit to the governor of Georgia a copy of this report, and a copy of his communication addressed to the general assembly of Virginia, calling their attention to the subject of the communication of the governor of the state of Georgia.